In general, a child’s actions are not judged by the same standard as an adult. The liability a minor may face varies from state to state. In fact, some states define liability based on a child’s age. Under Florida law, however, there is not a defined age at which a minor will be judged at a lower standard than an adult.
In Florida, the question is which standard is expected of a child of a similar age, intelligence, experience, and training. Whether a child acted reasonably under the circumstances is normally an issue to be decided by a jury. However, some cases have used a lower standard in cases involving children under 10, although there is no clear line. The nature of the activity may also be a consideration. For example, a minor who engages in an adult activity may be held to a higher standard.
In addition, parents may be held liable in some circumstances for failing to supervise or care for their children to protect them and others. This is also true for others who are supervising minors who are not their children. Parents and other guardians must exercise reasonable care to prevent children from engaging in activities that are likely to cause injuries. Thus, a particularly dangerous activity may require close supervision.
Seven Injured in Car Crash with 14-Year-Old Driver
According to one news source, a 14-year-old boy was recently charged in a car crash that sent seven people to the hospital for injuries. The teen was driving down a Florida highway, driving a Ford Explorer at around 7 p.m. earlier this month. The teen attempted to change lanes and swerved to avoid a collision. He lost control of the car, which then sent the car off the road, hitting a barrier wall. Luckily, no other cars were involved in the crash, but the teen’s car had two adults in it and four other children, who were between three and 16 years old. Six of the seven people were taken to the hospital with serious injuries.
At the hospital, the boy’s aunt said the teen was driving because the adults were teaching him how to drive. She said that she thought it was a bad idea for the family to bring him driving on the highway. However, his aunt also defended the teen, saying it was not his first time driving, and it was truly an accident. The boy was charged with driving without a license and reckless driving.
Contact Us if You Were in an Accident with a Minor
If you have been injured in an accident involving a minor, the child or the child’s parents may be held responsible for their actions, depending on the circumstances. To be sure, a skilled attorney should review your claim in order to advise you how to proceed. At Cecere Santana, our injury lawyers are committed to providing dedicated representation to people in Fort Lauderdale and throughout the South Florida region. Our attorneys represent individuals in homeowner’s and property claims, personal injury cases, workers’ compensation claims, and immigration matters. To schedule a time to speak with an attorney, call (800) 753-5529 or visit our website.
More Blog Posts:
$9.3 million Verdict Awarded to Victim in Motorcycle Accident, Cecere Santana Injury Lawyers Blog, published March 9, 2017.
Florida Appellate Court Reverses Lower Court’s Decision, Allowing Premises Liability Case To Proceed to Trial, Cecere Santana Injury Lawyers Blog, published April 10, 2017.