My 7-year-old child was playing in our front yard when she ran into the road after a ball and was hit by an oncoming car and she sustained serious injuries. Can I still sue even though she is partially at fault?
Yes, but the degree to which your child will be held responsible will vary depending on their age. If your child is under the age of 6 they are declared to be legally incapable of being negligent, so if your child is under 6 years old they cannot be even partially at fault. For children 6 and over their level of negligence will again be based on age and mental capacity. In this case a judge or jury will decide the level of fault that will be placed with the child.