A child can be on either side of liability—either as the victim or the
culpable party
Whether your child has been injured by someone’s negligence or injured another person, New York law has nuances that make lawsuits that involve children different from how they’re typically handled for adults.
Children get hurt. This is a fact of growing up. They run, jump, slide and swim… and while most parents and caregivers do their very best to avoid any mishaps, part of learning is accepting a few pratfalls along the way.
The child of even the most conscientious and careful parent or babysitter gets hurt sometimes—and that’s not always a bad thing. They have to fall and scrape their knees once in a while to learn that they need to watch their step or not run on cement. And in the long run, a skinned knee will not result in long-term damage.
But what if your child is seriously injured?
Or, what if your child injures someone else?
We’ll discuss the possibilities and what to do in either situation. When it comes to children, the law is nuanced and there are exceptions to common rules that apply to cases that involve only adults. It’s always best to consult a New York personal injury lawyer if you’re potentially a party to a lawsuit on your child’s behalf.
New York personal injury lawsuits for an injured child
The basic principles of personal injury law apply regardless of the age of the injured person. If the defendant is negligent, the plaintiff may file a lawsuit for damages—costs—related to the injury. To do this, the plaintiff must prove the elements of negligence: duty, breach, causation, injury, and damages.
In other words, the defendant must have had a duty to the plaintiff. This doesn’t mean they need to be a child’s babysitter or teacher. They could be anyone—because we all have a duty to someone at some moment. A driver has a duty to be responsible and avoid harm to any other road user, whether it’s another driver, a pedestrian, or a bicyclist. They must take care to avoid foreseeable harm to any other person.
A defendant might have breached that duty if they were speeding or using the phone while driving, for example.
Causation means that the defendant’s action (or inaction) was the direct cause of the plaintiff’s injury. Secondary to that, the person must have suffered an actual injury. For instance, you might see a vehicle speed down the street while your child is playing by the curb. Perhaps it came too close for comfort and you were frightened for your child’s safety. You might have feared for your child’s safety when the car passed by, but that doesn’t give you grounds to file a lawsuit. If the child was not injured, there is no claim.
Finally, damages are the costs incurred by the plaintiff for medical treatment, lost wages (not usually when it’s a child, though), and other expenses related to the injury. If it’s a child who was severely injured, it could include costs for private instruction if the injury leaves them disabled and unable to attend school.
In general, if the injury was caused by a New York car accident, premises liability incident, bicycle crash, or similar, the principles of personal injury and negligence law apply.
But there is another cause of action when the injured person is a child: negligent supervision.
New York negligent supervision of a child laws
In New York, negligent supervision of a child refers to the failure of a person responsible for the care of a child to adequately supervise and protect the child from harm. This can lead to legal consequences if the lack of supervision results in injury or harm to the child. The laws related to negligent supervision of a child or personal injury of a child in New York can be found in several statutes and legal principles:
New York negligence laws & civil liability
New York follows principles of negligence in cases of child supervision. Negligence occurs when a person fails to exercise reasonable care, harming another person, as described above.
If a child is injured due to negligent supervision, the responsible party may be held liable in civil court. This can result in compensation for the child's medical expenses, pain and suffering, and other damages.
A defendant for negligent supervision could be any adult or entity in charge of looking after a child. This might include a school, babysitter, daycare provider, summer camp, relative, or even a parent. If the individual did not supervise the child in a way that is reasonably appropriate for the child’s age, skills, and awareness, and if the child is injured in their care by something that would have been avoided if they were properly supervised, then the child’s representative could file a claim for negligent supervision.
Adults with a duty of care towards a child, such as parents, guardians, childcare providers, teachers, and others, are expected to provide supervision and protection appropriate to the child's age and circumstances.
Child endangerment laws
New York has laws that specifically address child endangerment. This includes situations where a child is left unsupervised in dangerous circumstances that lead to injury or harm.
Criminal liability
In cases of severe neglect or intentional harm to a child, criminal charges may be pursued under New York's criminal laws, such as endangering the welfare of a child or assault charges.
Who may represent a child in a New York State
civil lawsuit?
In New York State, various individuals or entities may represent a child involved in a civil lawsuit, depending on the situation and the child's circumstances. Here are some common representatives for children in civil lawsuits in New York:
Guardian Ad Litem
A guardian ad litem (GAL) is a person appointed by the court to represent the best interests of a child or incapacitated person in legal proceedings. The GAL is responsible for advocating for the child's rights and ensuring their interests are protected throughout the legal process.
Parent or legal guardian
In many cases, a child's parent or legal guardian may act as their representative in a civil lawsuit. The parent or guardian may make legal decisions on behalf of the child and may also be responsible for any settlements or judgments awarded to the child.
Court-appointed attorney
In certain situations, the court may appoint an attorney to represent the child's interests directly. This could occur if there are conflicts of interest between the child and their parent or guardian or if the court determines that the parent or guardian is not adequately representing the child's interests.
Next Friend
A "next friend" is a person who brings a lawsuit on behalf of a child when the child is unable to bring the lawsuit themself. This could be a relative, family friend, or another individual with the child's best interests at heart.
Legal Aid or advocacy organizations
In some cases, children may be represented by legal aid organizations or advocacy groups that specialize in children's rights and issues. These organizations may provide legal representation or support to ensure the child's rights are protected.
It's important to note that the specific rules and procedures for representing children in civil lawsuits can vary depending on the circumstances and the type of case involved. Consulting with a qualified attorney with experience in representing children in legal matters is recommended to ensure that the child's rights are effectively advocated for and protected throughout the legal process.
Statutes of limitations for New York lawsuits involving children
The statute of limitations is the amount of time a plaintiff has to file a lawsuit. These are different for children than for adults.
| Personal injury claims | Medical malpractice | Claims against government entities |
|---|---|---|
| For personal injury claims involving a child, including those related to negligent supervision or other injuries, the general statute of limitations in New York is three years from the date of the injury. However, there are exceptions for minors. | In cases of medical malpractice involving a child, the statute of limitations is usually 2.5 years from the date of the alleged malpractice or from the end of continuous treatment for the same condition, whichever is later. However, for minors, the statute of limitations is typically extended until the child's 18th birthday, allowing them to file a claim within three years after turning 18. | If the claim involves a government entity or agency, such as a school district or municipality, there are specific notice requirements and shorter timeframes for filing claims. These can range from 90 days to one year, depending on the circumstances and the entity involved. |
Claims against a child who caused an injury
Sometimes the shoe is on the other foot.
Children can cause injuries or accidents, too. If this happens, can you sue a minor in New York?
In New York State, liability for injuries caused by a child typically falls under the legal concept of parental liability or vicarious liability.
Parental liability
New York has laws that can hold parents responsible for certain actions of their children. This includes situations where a child causes harm to another person or damages property.
There are certain factors that influence how the courts would handle this type of situation:
The child’s age is a significant factor in determining parental liability. Generally, younger children (under a certain age, often around 7 to 10 years old) are less likely to be held legally responsible for their actions. Courts often consider whether the child understood the consequences of their actions and whether they were capable of exercising reasonable care.
Parental liability might also depend on whether the parents were negligent in supervising the child. If the parents failed to take reasonable steps to prevent the child from causing harm, they may be held liable.
If the child's actions were intentional, such as in cases of vandalism or assault, the legal considerations may differ. The child may face legal consequences and the parents' liability could be influenced by factors such as their knowledge of the child's tendencies or their efforts to prevent such behavior.
Liability insurance, such as homeowners or renters insurance, might cover injuries or damages caused by a child. The extent of coverage and any exclusions should be reviewed carefully.
A parent is generally not liable for their child’s actions if they made a good faith effort to prevent their child from causing harm or engaging in bad behavior. The parent is also likely not liable for the child’s action if the child is an emancipated minor.
The parents’ liability is typically limited to actual damages caused by their children's actions. Punitive damages are generally not awarded in parental liability cases.
Because the law is so nuanced and there are so many exceptions when it comes to children and liability, it’s important to consult a qualified New York attorney if you’re involved in a lawsuit involving a child.
Learn more: Youth Sports Injuries and Liability in New York
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