Children Aren’t As Liable For Negligence in Illinois Injury Cases

One of the most common tactics used by the defense in the course of a personal injury lawsuit is attempting to blame you for failing to prevent your injuries. They typically do this by attempting to assert that your negligence contributed to or caused the accident in some way.

But what if the plaintiff is a child? In Illinois, the age of the injured child comes into play when the jury is deciding on whether or not the plaintiff's own negligence contributed to their injury.

In Illinois, children younger than 7 years cannot be guilty of negligence. The courts have deemed-and any parent would have to agree-that children do not yet have enough life experience to determine many dangerous situations, and therefore cannot be held to the same standards as an adult.

If the child is aged between 7 and 14, their ability to identify potentially dangerous situations is determined by the jury based on their age, history and experiences. A child older than 14 is most often considered to be old enough to be able to exercise judgment for their own personal safety and can be held liable for contributing to their injuries (if that is indeed the case) in an Illinois personal injury claim.

Having your child injured in any sort of accident is always emotional. It's important to consult with an attorney as soon as possible to discuss your legal rights and options.

Learn more about negligence in personal injury lawsuits by visiting our library.

The Chicago personal injury attorneys at the Law Offices of Barry G. Doyle, P.C. are dedicated to defending the best interests of you and your family after you've been injured due to the negligence of others. Contact us today for a free case evaluation - (312) 263-1080