When dealing with any type of negligence claim, the standard has always been that of a "reasonably prudent person in same or similar circumstances." This is a mythological person that the court creates in order to determine reasonableness in any situation. The most important question in any negligence case is always "was it reasonably foreseeable?" before liability can attach to any tortfeasor.
But when a negligence case involves children, this reasonably prudent person standard is relaxed because society understands that children simply do not have the same well-formed judgement as adults. This gives rise to some special rules applied by various courts. Many of these special rules will be explained in future blog posts. This blog hopes to explore many child specific personal injuries issues such as: accidents caused by other children, who can negotiate on behalf of a child, parental liability for minors' car accidents, and more.
Seth S. Gaskins, Esq. is a Divorce and Immigration Attorney in West Virginia.