Setareh Law
June 14, 2024
The law provides clear direction when adults commit wrongs against one another. For example, a person can sue the at-fault party if he or she is the victim of a car accident, personal injury, or general negligence. However, what happens if the accident is caused by a minor? And what if the offense was intentional?
A few variables can affect what happens after a minor causes a personal injury to someone else. If you have been involved in an accident or directly injured due to the recklessness of someone under the age of 18, it is advisable to partner with a dedicated attorney as soon as possible. For many years now, Setareh Law has successfully helped our local community with their various personal injury needs and would love to do the same for you today.
Understanding the Intricacies of an Accident Caused by a Minor
To get a better understanding of what the aftermath of your personal injury accident may look like, we have broken the types of potential accidents down into the following three categories:
Workplace Accidents
In California, the minimum legal age to work is 14, and the minor must have a permit to work. In addition, the minor’s place of business must have a permit to employ minors. If a minor was negligent in their duties at work and caused someone to slip and fall on the premises, the business can be held responsible for the damages that the minor caused.
Mistakes happen, and it is up to the workplace to ensure everyone is properly trained and provided with the necessary tools and training to work safely and efficiently. This scenario is often the simplest out of the three mentioned here, due to the permit requirements of both the minor and the minor’s place of business.
Things get more complicated when a minor causes injury outside of the workplace.
Non-Work Related Accidents
Accidents involving minors outside of the workplace can be a little more complicated. Take, for example, an auto accident. Everyone is capable of making a mistake while driving; however, if a minor is found to be at fault for an automobile accident, some additional stipulations apply. Minors have little to no assets and often cannot pay the victims of the accidents that they cause.
This means that the victim of the accident cannot sue for emotional damages, such as pain and suffering. Still, victims can sue the parents or legal guardians of the minor for physical and economic damages that the minor may have caused. However, there is a cap on the total damages a victim can collect from the accident. To get a better understanding of the types of compensation you can obtain, our team is more than happy to devise a plan of action for your unique claim.
All cases, especially ones involving automobiles, are taken on a case-by-case basis and are considered carefully. Some questions that might be asked include:
- Was the minor traveling at an unreasonably high speed?
- Can the minor’s behavior be deemed reckless?
- Did a parent or guardian sign for the minor’s driver’s license, or is the minor driving without a license?
- Is there evidence of anything that could be considered parental neglect?
Even more questions arise when dealing with an intentional injury outside of work.
Intentional Accidents
Troubled youth can involve themselves in dangerous activities, such as gang violence, vandalizing personal and commercial property, and even unprovoked physical assault. Although there still may be a limit on how much money a victim may collect from the minor’s parents or guardians, the cap will be higher if the authorities deem the minor’s actions intentional and reckless.
In this scenario, the victim can also sue for emotional and non-economic damages. This includes pain and suffering. However, certain factors, like parental neglect and abuse, can cause extenuating circumstances that affect the outcome of the case.
Contact Setareh Law Today If You Have Been Injured by a Minor
Nobody deserves to pay the financial or physical price of another person’s negligence, even if they are under the age of 18. If you have fallen victim to physical harm at the hands of a minor, contact Setareh Law today for an unparalleled and professional roster of legal professionals and a free legal consultation.
Our team is prepared to help you and your specific situation with years of cases to support us. While you focus on resting and recovering, we will get to work immediately collecting evidence, filing your claim, and fighting for a settlement offer worthy of your losses. For more information, call us at (310) 659-1826 or fill out our contact form. We also speak Spanish.