Saturday, October 30, 2010

And the Age of Accountability is . . .

Four.

The Volokh Conspiracy � The Negligent 4-Year-Old: "[I]nfants under the age of four are conclusively presumed incapable of negligence (Verni v Johnson, 295 NY 436, 438 [1946]).... Juliet Breitman, however, was over the age of four at the time of the subject incident. For infants above the age of four, there is no bright line rule, and “in considering the conduct of an infant in relation to other persons or their property, the infant should be held to a standard of care ... by what is expected of a reasonably prudent child of that age, experience, intelligence and degree of development and capacity”"

2 comments:

Val said...

Haylee's going to have us in a lot of trouble...just think of Jack next summer!

Ryan said...

Apparently there are a lot of courts that hold the age is 7, and some courts that say minors are always responsible for their torts.