When you’re hurt in an accident, it’s already difficult to recover. But what if the at-fault party is just a child? If the person responsible for your accident is a minor, your case may be subject to different laws and regulations, which makes getting compensated more complex.
When a child causes an accident in the state of Michigan, the parent may be held liable. But how do you hold them liable, and what can you expect from your claim? This can be tough to determine without legal aid. Here’s what you need to know about your claim.
Compensation for Personal Injury
If your child commits a juvenile crime, the parent may be held liable for up to $2,500 worth of damages. This includes your child’s malicious actions such as destruction of property, or malicious or willful bodily harm. But under Michigan law, parents are not necessarily held liable in all circumstances.
In the state of Michigan, a parent is not liable for a child’s negligence or carelessness. However, the parent may be held liable if the accident was a result of negligent supervision of the child. In this case, a parent must know the child has dangerous tendencies and fail to take the steps needed to prevent the accident or fail to prevent the child from harming someone.
Under the owner liability statute, if someone is harmed by a motor vehicle being operated by someone else, such as a child, the owner of the motor vehicle will be held liable if the operator was driving the vehicle with the owner’s expressed or implied consent or knowledge.
Duty of Care
A duty of care is the basic standard people are held to for preventing accidents. While you’re not expected to stop an accident, you are expected to avoid actions that would cause an accident. For example, you don’t have to put yourself in danger to stop someone from walking through a busy intersection, but you are expected to stop at red lights and watch out for pedestrians.
If your child is under the age of seven in Michigan, they are considered incapable of negligence. However, there are some circumstances in which a child can be held liable for damages. Keep in mind that acts of negligence for children over the age of seven are held to a standard in which a child of a similar age would be expected to act under similar circumstances.
Children that participate in a dangerous or adult activity and cause an injury are an exception to this rule. For example, if a child drives a vehicle and causes injury, they are participating in an adult activity. In this circumstance, the child may be held liable for any damages they caused with their behavior. Your lawyer can help you determine and prove the child has done so.
Protect Yourself with a Personal Injury Attorney
Accidents could take place at any moment, and they can be difficult to settle, but don’t let that stop you from fighting back. Reach out to an experienced Detroit personal injury lawyer with Pazner Law to help you protect your family.
Are you ready to speak to a lawyer? Call us for more information about your case through a free consultation. To get started, call 313-822-2244 or fill out our online contact form on this page.