QUESTION

fling suit for small claims court

Asked on Aug 10th, 2015 on Civil Litigation - North Carolina
More details to this question:
a teenager spent the night with my grandson they had pizza the box was put in the oven. the individual turn on my oven without any body permission and the box caught a fire. the parent feels he is not totally responsible for the repairs. She paid for the service fee and she feels the cost should be split three ways
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1 ANSWER

Social Security Attorney serving Raleigh, NC at Lanier Law Group, P.A.
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Dear Anonymous: Common sense here says that the teenager should be responsible, at least in part. In North Carolina, though, there is complicated law on the books about the negligence of children. I don’t have enough information here to properly answer your question. I would need to know the child’s age and a wealth of other facts. In short, any child under 7 years of age is in capable of negligence; Children between the ages of 7 and 13 are presumed incapable of negligence, but the presumption can be overcome – in other words, a jury can decide a child in this age group is negligent based on a host of factors like age, knowledge, and experience; Children between the ages of 14 and 17, on the other hand, are presumed to be capable of negligence, but this presumption can also be rebutted by clear proof of the absence of such discretion. This is a very murky area of tort law in North Carolina, so it is always best to get proper guidance from a licensed NC attorney in cases such as this. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.
Answered on Aug 31st, 2015 at 11:09 AM

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