Can You Sue A Teenager Or Minor For Negligence?

When an accident or injury is caused by someone else’s negligence, the injured party may consider filing a lawsuit to seek compensation. But what if the person responsible is a minor? Can you sue a teenager or child for negligence, and if so, what are the legal challenges? This question is especially relevant as teenagers gain more independence—whether behind the wheel, playing sports, or taking part in other activities with inherent risks.

At John J. Malm & Associates, we understand the complexities of personal injury cases involving minors. “When someone has been harmed due to a minor’s negligence, it’s important to explore all legal options to seek fair compensation, while being mindful of the unique challenges these cases present,” says John J. Malm, Naperville injury lawyer. “Our goal is to help clients navigate these complexities and find a resolution that meets their needs.”

In this guide, we’ll explore how negligence cases work when the responsible party is under 18, examining the legal principles and factors that determine liability, parental responsibility under Illinois law, and compensation for the injuries caused by the minor.

Understanding Negligence and Liability

Negligence occurs when someone fails to act with the level of care that a reasonable person would exercise in similar circumstances, leading to harm or injury to another person. When an injury results from negligence, the injured party may file a personal injury claim to seek compensation for damages, such as medical expenses, lost wages, and pain and suffering. However, determining liability becomes more complex when the at-fault party is a minor.

Can a Minor Be Sued for Negligence in Illinois?

Yes, a minor can be sued for negligence, but the process and outcome may differ from cases involving adults. In most states, minors can be held liable for their actions, especially if they are older and engaged in activities that require a higher level of responsibility, such as driving a car. Courts generally assess whether the minor acted with the level of care expected for their age and circumstances.

When considering liability, courts typically take into account the following factors:

1. Age of the Minor: Younger children are less likely to be held liable for negligence because they may not understand the consequences of their actions. However, teenagers may be judged by similar standards of care as adults, especially if they are performing adult-like activities.
2. Nature of the Activity: Courts may consider the type of activity involved. For example, minors who engage in “adult” activities like driving may be held to an adult standard of care, while those involved in typical childhood activities are held to a different standard.
3. Capacity to Understand: Courts evaluate whether the minor had the capacity to understand and avoid the risk. Children under a certain age, typically seven years old, are often presumed incapable of negligence because they lack the maturity to foresee the potential consequences of their actions.

Standards of Care for Minors in Negligence Cases

The standard of care applied to minors in negligence cases differs from that applied to adults. Courts generally expect children to act with the level of care that a reasonable child of similar age, intelligence, and experience would exercise. This “reasonable child” standard recognizes that minors may lack the judgment and awareness of adults. However, Illinois also follows the Tender Years Doctrine, which holds that a child is incapable of negligence if he or she is under seven years old. See Appelhans v. McFall.

When minors engage in adult activities (such as driving), they are often held to an adult standard of care. This principle, known as the adult activity doctrine, aims to protect public safety by ensuring that individuals performing high-risk activities are held to a strict standard, regardless of age.

Examples of Negligence Cases Involving Minors

Understanding how minors may be liable for negligence can be clarified by looking at common scenarios where minors may be responsible for injuries:

1. Car Accidents Involving Teenage Drivers: One of the most common examples of minor negligence is when a teenager causes a car accident. Teen drivers are often held to the same standard of care as adult drivers, as driving is considered an adult activity.
2. Sports-Related Injuries: Injuries occurring in sports often fall under assumption of risk, but a minor can still be held liable if their actions are deemed reckless or overly aggressive, going beyond the usual conduct expected in a sports environment.
3. Intentional Torts: While different from negligence, minors can also be liable for intentional acts like assault or property damage. Intentional acts are generally easier to prove than negligence, as they require evidence of purposeful action.
4. Social Media or Cyberbullying: In some cases, minors can be held responsible for harm resulting from cyberbullying or defamation on social media. The impact of these actions on victims can sometimes lead to personal injury claims.

Parental Responsibility Under Illinois Law

In Illinois, parents are not automatically liable for their child’s negligent actions. However, under the Illinois Parental Responsibility Law, parents can be held financially responsible for certain actions committed by their minor children. Illinois law specifically limits the extent of this responsibility:

• Limitations on Damages: Illinois caps parental liability at $20,000 for each occurrence if the minor’s actions cause injury or property damage. This limitation means that parents may be held liable up to this amount, but only if the injury was caused by the willful or malicious conduct of their minor child.
• Types of Conduct: This law applies to intentional misconduct by the minor child rather than mere negligence. In cases of negligence, parents are generally not liable unless they directly contributed to the child’s actions through negligent supervision or negligent entrustment (such as allowing an inexperienced child to drive a car).

These limitations offer a degree of financial protection for parents, but they do not fully exempt minors from liability. Minors themselves may still be subject to a lawsuit for negligence if they have personal assets, and parents’ insurance may cover certain claims involving minors, such as car insurance in the case of a teenage driver causing a crash.

The Challenges of Suing a Minor for Negligence

Suing a minor for negligence can be challenging, particularly if the minor lacks the resources to pay damages. Even if the court rules in favor of the plaintiff, enforcing the judgment may be difficult if the minor has no assets or income.

Additional challenges include:

• Insurance Limitations: In many cases, insurance policies, such as auto or homeowner’s insurance, may cover claims against minors, especially in car accident cases. However, insurance often excludes intentional acts, so if the claim involves an intentional tort, the victim may not be able to rely on insurance coverage.
• Complexity of Proving Negligence: Establishing that a minor acted negligently can be more complicated, as courts consider factors such as the child’s age and experience.
• Emotional Impact: Litigation involving minors can be emotionally challenging, especially if the minor and the injured party are connected through family, friends, or the community. Some plaintiffs may choose to pursue alternative dispute resolution methods, such as mediation, to resolve the issue outside of court.

Alternatives to Suing a Minor

In some cases, it may be more practical to seek an out-of-court settlement or to work with the minor’s parents to resolve the issue. Mediation and arbitration can offer alternatives to litigation, allowing both parties to reach a fair resolution without the complexities and emotional toll of a lawsuit and public trial.

An experienced Illinois personal injury attorney can help determine the best course of action and evaluate whether a minor’s parents can be held liable for damages. Alternative options can sometimes provide the compensation you need while avoiding lengthy court proceedings.

Get Legal Guidance from the Top-Rated Illinois Accident Attorneys at John J. Malm & Associates

Suing a minor for negligence is legally possible but requires a nuanced approach, given the unique standards of care for minors and the limited parental responsibility under Illinois law. At John J. Malm & Associates, we help clients navigate these complexities, offering legal guidance tailored to cases involving minors. Whether you’ve been injured in a car accident caused by a teenage driver or harmed by other negligent actions involving minors, our team of dedicated Naperville personal injury lawyers is here to evaluate your case and determine the best path forward.

With offices in Naperville and St. Charles, we’re here to help you pursue justice and seek fair compensation, regardless of the age of the person responsible. Contact us today to learn more about your options and how we can support you in cases involving an accident caused by a minor.