Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

Recent Case Discusses Whether Children Can Be Held Individually Liable for Their Negligent Acts

Free Consultation
April 27, 2016 | Posted in Firm News, Relevant Personal Injury Case Law

Earlier last month, the Supreme Court of Utah issued a written opinion regarding whether a four-year-old child could be held liable for his own negligent actions. In the case, Nielsen v. Bell, the court ultimately concluded that a four-year-old child cannot, as a matter of law, be found negligent for his own actions. Only children above the age of five are capable of negligence under the state’s law.

Neilsen v. Bell:  The Facts of the Case

Neilsen was babysitting the Bell’s four-year-old son. At some point during the parents’ absence, the young boy picked up a plastic toy dolphin and threw it at Neilsen’s face. The toy struck her in the eye, and she ultimately lost all vision in that eye. Neilsen filed a lawsuit against the Bells, alleging two theories. First, she claimed that the Bells themselves were liable under the theory of negligent supervision. Second, she claimed that their son was individually liable to her under the theory of negligence.

The court hearing the case dismissed the negligent supervision claim, finding that there was insufficient evidence to submit the claim to a jury. However, the court did allow the case to proceed against the young boy on the theory of negligence. The Bells filed an immediate appeal to a higher court to review the decision.

The Appellate Court’s Decision

The Utah Supreme Court had not had the occasion to determine whether young children could be held independently liable for their negligent actions. The plaintiff in the case argued that the court should not adopt a per se rule regarding the age at which a child can be held liable, but it should look at each case individually. The parents of the young boy, however, argued that any child under the age of five should not be able to be held legally liable for their actions in a personal injury lawsuit.

In addition to the arguments of counsel, the court considered the law in other jurisdictions, weighing the arguments on both sides. Ultimately, the court determined that the plaintiff’s position was untenable and that the defendants’ position was more in line with the state’s previous decisions. Thus, the court adopted the rule that children under the age of five cannot be held liable for their own actions.

Have You Been Injured by the Negligent Acts of a Child?

If you have been injured by the negligent or reckless acts of a minor, you may be entitled to monetary compensation, even if the minor’s parents dispute liability. In New Mexico, there are a number of situations in which a minor’s acts can be attributable to his or her parents. And in some cases, the minor may be individually liable. To learn more about the laws in New Mexico that allow for accident victims to recover for their injuries, call the Fine Law Firm at 505-889-FINE to set up a free consultation. Calling is free and will not result any any obligation on your part unless we are able to help you obtain the compensation you deserve.

More Blog Posts:

Court Holds City Employee Not Entitled to Immunity in Premises Liability Case, New Mexico Personal Injury Lawyer Blog, April 7, 2016.

FDA Issues a “Black Box” Warning for Birth-Control Device Essure, New Mexico Personal Injury Lawyer Blog, March 17, 2016.

Request FREE
Consultation

Consent

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • How Can Dashcam Footage Impact a New Mexico Accident Lawsuit?
  • What Evidence Do I Need in a Car Accident Claim?
  • Steps to Take After a Car Accident in Albuquerque
  • What Are Contingency Fees?    
  • How Long Do I Have to File a Car Accident Claim in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy