Wisconsin Law on the Negligence of a Child

April 2016

A child does not have the same ability to judge a situation that an adult possesses.  Therefore, the law does not hold a child to the same expectations of an adult.  At the same time, we do expect children to behave in an age appropriate manner.  In Wisconsin, a statute sets forth that a child under the age of 7 years old is not capable of being negligent.  Wis. Stat. 891.44. Beyond the age of 7 years, a child can be considered negligent, but the standards to which the conduct of the child is compared vary.  It would be unfair to hold an 8 year old child to the standard of care expected of an adult.  As a child develops and they grow in size and knowledge they are expected to conduct themselves accordingly.   However, a finder of fact needs to keep in mind that no all children develop equally.

If your child has been injured, you will want experienced legal representation on your side.  At Herrick & Hart, we have been helping the injured for over 60 years.  We offer a free consultation on personal injury cases.

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