Does North Carolina’s contributory negligence rule apply to children? | Shapiro, Washburn & Sharp

Answering this question requires knowing the age of your child and the details of your potential personal injury case. If he or she is younger than 8 years old, no court in North Carolina will consider your child legally responsible for causing an injuries.

Children between the ages of 8 and 15 years may be found liable for causing their own injuries in certain cases, but not in others. A court will look at all the circumstances and, when possible and appropriate, speak to the child before making the determination.

A finding of contributory negligence on behalf of an older child will invalidate insurance claims. Partnering with a North Carolina personal injury lawyer can help a family counter arguments from the defendant in an injury case that a child contributed to causing the accident.

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