Teenagers are still growing and maturing, and they make mistakes. But that doesn’t get them or their families off the hook for the damages those mistakes cause others.
Most injury cases are based on mistakes or errors, and claims against teenage defendants are no exception to that rule. However, what is “reasonable” and what constitutes a mistake might be different for children and teens than for grown adults. Teens also might not have the money to pay for their mistakes, meaning you may need to find another source of damages (e.g., car insurance).
Call (803) 451-4000 for a free case review with the Columbia, SC personal injury lawyers at Burriss Ridgeway Injury Lawyers.
Can Teens Be Held Responsible for Injuries They Cause?
In general, anyone can be held responsible for an injury they cause. To assess legal responsibility, you need to prove that what they did meets four elements of a “negligence” case:
- The defendant owed the victim a legal duty. This is often based on what is reasonable given the circumstances or based on specific laws, such as traffic laws.
- The defendant breached that duty. This is often based on a mistake, carelessness, or lack of skill.
- That breach caused the accident.
- The victim suffered injuries.
Reasonableness Tailored to Age
Teens can be held responsible under the law, but the questions of duty and breach need to be tailored to what someone their age would do in many cases. For example, if you are accusing them of failing to act reasonably, we need to assess what a reasonable teen would do, not what a reasonable adult or trained professional would do.
Some Laws Apply Regardless of Age
However, some laws – like traffic laws – apply regardless of the defendant’s age.
Age Restrictions
It might be unreasonable to hold children under a certain age responsible. However, most teens (and preteens) are probably old enough to be held liable for their negligence, barring some sort of cognitive disability.
Is the Teen the Right Defendant?
Before suing a teenager, it is important to assess whether the teen is even the right target of the lawsuit. For example,
- A parent or homeowner is typically responsible for dangerous conditions on their property, not their child.
- Employers are responsible for their employees’ accidents, whether the worker is an adult or teen.
- Adults might be responsible for firearms accidents if they failed to lock up their guns.
- A teacher or parent might be responsible for failing to stop a child’s horseplay if it injures another child.
Lawsuits against teens for negligence typically fall into these categories:
- Assault
- Car accidents
- Injuries while babysitting
- Firearm and weapon accidents.
Outside of these cases, it is rare to see a lawsuit against a teenager in the first place.
Getting Damages Paid When Teens Cause Accidents
The biggest issue with suing a teenager is that kids typically have no money to pay for serious injuries. This often means turning somewhere else for coverage:
Parents
A child’s parents are not generally liable for damages their child causes, but the law can make them pay up to $5,000 for certain damages. This only applies to “malicious” or “willful” injuries, not accidents.
That would therefore cover vandalism, theft, or assault, but not an accident.
Car Insurance
Every driver needs car insurance, and teen drivers are typically covered under a parent’s policy. South Carolina’s state minimums require these coverage amounts, but drivers may have higher limits:
- $25,000 per person for injuries
- $50,000 per accident for injuries
- $25,000 per accident for property damage.
You may also have first-party insurance that helps you get some damages paid, like collision coverage or medical payment coverage.
Parent or Car Owner for Other Auto Accidents
A parent or guardian needs to sign off on a new driver’s permit or license. If the teen driver is uninsured, this parent assumes liability for their child’s “negligence or willful misconduct” behind the wheel.
The “family purpose doctrine” can also hold a car owner responsible for accidents involving a car intended for the whole family to use.
If a car’s owner knew the teen was dangerous behind the wheel, they might also be responsible for accidents after they let the dangerous teen drive their car.
Other Defendants
If the child shares liability with another party – such as their parents – then you might still be able to recover the rest of your damages from that party. This could mean missing out only on the teen’s smaller share of damages.
Some situations also call for “joint and several liability.” This makes one defendant pay for all damages, even those assigned to other parties (such as the teenager).
Vicarious Liability
Sometimes one party is responsible for another’s negligence. This is common in employment, where an employer is responsible for the accidents their employees cause during the scope of their employment.
This could cover injuries caused by camp counselors, lifeguards, and other teenage workers.
FAQs for Accidents Involving Teenage Defendants in South Carolina
When is a Teenager a Legally Responsible Adult?
South Carolina law considers you an adult at age 18. However, teens can become “emancipated” and be legally treated like adults earlier if they go through the proper court procedures. This is rare, but it may come up in some cases.
Do Laws Apply to Children and Adults Equally?
Many accidents fall under neutral laws that apply regardless of age. For example, traffic laws apply equally to teens and adults.
In other situations, the expectations of what is “reasonable” might be lighter for younger teens than for older teens and lighter for teens than for adults.
Can Parents Pay for Damages Their Teenager Causes?
There are some situations discussed above regarding auto accidents and joint liability where a parent might be responsible for their teenager’s damages. Outside of those situations, the child is responsible for their own damages.
However, a parent can always voluntarily pay their child’s damages if they want to settle the issue that way.
Can Teenagers Sue for Damages?
If the shoe is on the other foot and a teenager was injured in an accident, our attorneys can help you sue on their behalf.
Alternatively, teens may be able to wait until they reach age 18 to sue on their own behalf. The 3-year statute of limitations is typically extended until they turn 19 if it would have run out before then.
Call Our Personal Injury Attorneys in South Carolina Today
If you were hurt in an accident, call (803) 451-4000 for a free case review with the South Carolina personal injury attorneys at Burriss Ridgeway Injury Lawyers.
