Wisconsin Law Presumes a Child Under the Age of 7 is Not Negligent

March 2023

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 standard to which the conduct of the child is compared varies.   The  law hold 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 not 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 70 years.  We understand the lifelong impact that injuries can have on children.  We offer a free consultation on personal injury cases.

Other Personal Injury Articles

Other Topics