{"id":719,"date":"2016-04-25T08:08:09","date_gmt":"2016-04-25T13:08:09","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=719"},"modified":"2018-04-12T12:40:51","modified_gmt":"2018-04-12T17:40:51","slug":"four-year-old-cannot-negligent-court-says","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/four-year-old-cannot-negligent-court-says\/","title":{"rendered":"Four-Year-Old Cannot Be Negligent, Court Says"},"content":{"rendered":"

People of all ages can cause accidents\u2014even children. But in cases in which\u00a0the parents did nothing wrong, when can a child be held liable for his or her actions? One state\u2019s supreme court addressed this issue in a recent case<\/a>.<\/p>\n

While a woman was babysitting a four-year-old, the boy threw a rubber dolphin toy at her, hitting her in the eye. Since\u00a0the woman had previous eye injuries, the woman lost her sight in that eye as a result of the incident. The woman brought suit against the boy\u2019s parents for negligent supervision, which was quickly denied. In addition, the woman sued the boy individually for his own negligence.<\/p>\n

That state\u2019s supreme court held that the four-year-old could not be held liable for negligence. The court decided that children under the age of five30 could never be held liable for negligence. The court reasoned that children under five years old have a limited ability to appreciate how their actions could result in harm and that they have a limited ability to control impulses. Accordingly, the court stated that there was very little possibility that a child under five years old would be deserving of moral criticism or capable of being deterred by the law. In addition, requiring a child to testify about his or her ability to understand consequences and impulse control is especially difficult when a trial would likely occur years after the actual incident.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

People of all ages can cause accidents\u2014even children. But in cases in which\u00a0the parents did nothing wrong, when can a child be held liable for his or her actions? One state\u2019s supreme court addressed this issue in a recent case. While a woman was babysitting a four-year-old, the boy threw a rubber dolphin toy at […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[],"class_list":["post-719","post","type-post","status-publish","format-standard","hentry","category-personal-injury-legal-theories"],"yoast_head":"\nFour-Year-Old Cannot Be Negligent, Court Says — Illinois Injury and Mass Tort Lawyer Blog — April 25, 2016<\/title>\n<meta name=\"description\" content=\"People of all ages can cause accidents\u2014even children. 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