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.
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Answered on Aug 31st, 2015 at 11:09 AM