The responsibility of parent to maintain control of a child does not eliminate a child’s claim

by | Jan 17, 2011

One frequently asked question relates to whether a child can be prohibited from filing a claim because their parent did not do what they should have done. For instance, if a parent failed to properly place a child in a car seat or seat buckle the child in and the parent drives negligently or the parent is driving and another individual or driver causes a collision, does the fact that the parent failed to act reasonably by securing their child in a car seat eliminate the child’s ability to file a claim against the wrongdoer that caused injury. The answer is, “no”. A child’s claim is not eliminated because the parent failed to take proper care of them. The child is an innocent victim of the negligence of the wrongdoer and an innocent victim of the parent’s failure to properly care for them. The child can sue the wrongdoer for the negligence that causes the accident and the wrongdoer cannot rely on the parent’s failure to do the right thing to award compensation for the harm he caused to the minor.

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