What rights does child with special needs have regarding liability for a personal injury?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What rights does child with special needs have regarding liability for a personal injury?

Special needs child was provoked by another child and special needs child bit other child. Now being sued for medical bills.

Asked on November 13, 2011 under Personal Injury, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The special needs child's family could be liable, as could a school or  other institution which then was exercising supervision over the child. The fact that a child is special needs and may have cognitive or  emotional issues, or possibly difficulty with impulse control, does not allow him or her--or his or her family, guardians, or caregivers--to escape liabilit for his or her acts, since that  would be allowing the special needs individual a license to hurt others. Rather, if someone is special needs, then those reponsible for that person must take care in how they supervise him or her to prevent attacks upon or injuries to others--at least if the child's issues present a theat. If the child's special needs have no control, etc. component (e.g. profound reading difficulty, but no other cognitive or emotional issues; or some physical disability, but no cognitive or emotional issues), then he or she would be judged by the standards as any other child.

Short answer: the family and/or other caregives of a child are responsible for that child's actions and injuries to others. The same rule holds for special needs children, since they should have taken appropriate measures to safeguard others.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption