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Can a 11 year child be negligent running his mini bike into the side of our car?

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  • Can a 11 year child be negligent running his mini bike into the side of our car?

    Can a 11 year child be "negligent" running his mini bike into the side of our car?
    Or what do you call it? Some other word?

    I don't think he did it on purpose but he was going too fast on purpose, and then he lost control. I am preparing to ask the parents to pay our related costs. We are in Nevada.

  • #2
    Originally posted by Geenok View Post
    Can a 11 year child be "negligent" running his mini bike into the side of our car?
    Or what do you call it? Some other word?
    It's still negligence and, yes, a child of 11 has (or should have) the mental capacity to understand that he has a duty in behave in a way that doesn't risk injury or damage to others.

    Unfortunately, Nevada doesn't hold the parents responsible for a child's negligence but does hold the parents responsible for a child's willful misconduct.

    See NRS 41.470:

    https://law.justia.com/codes/nevada/...tatute-41-470/

    Originally posted by Geenok View Post

    I don't think he did it on purpose but he was going too fast on purpose, and then he lost control.
    That's an interesting point because, while the statute doesn't define willful misconduct, the Nevada Supreme Court has consistently defined it as follows:

    Wilful or wanton misconduct is intentional wrongful conduct, done either with knowledge that serious injury to another will probably result, or with a wanton or reckless disregard of the possible results.
    See Davies v. Butler (1979):

    https://scholar.google.com/scholar_c...en&as_sdt=4,29

    If the parents balk at paying you'll have to convince them (or a judge) that the child drove his bike at high speed with a wanton or reckless disregard of the possible results.




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