Can a Parent be Liable for His Child’s Injury Caused by a Tortfeasor, or Is a Child Capable of Contributory Negligence?
International Business Articles
ONC Lawyers
Hong Kong
In July 2013, we wrote an article on the parents’ liability for the torts committed by their child. In that article, it concludes that parents have the duty to exercise a reasonable degree of supervision and control over the child when taking into account the child’s age, propensity to meddle and the foreseeable danger of the activities the child was involved at the relevant time.
This article aims to discuss the parents’ liability of their child’s personal injuries inflicted by a tortfeasor. Further, we shall discuss whether an injured child can be held contributory negligent to his own injuries even if the injuries are caused by the tortfeasor.
May Ngai Gloves Factory Ltd v Nam Kam Lan CACV 90/1979
A 10-year-old girl (the “Girl”) who was knocked down by a van driven by the driver (the “Driver”) and sustained injuries sued the Driver for negligence. In the lower court, the Driver joined the Girl’s mother (the “Mother”) as the Third Party because the Girl was with the Mother before the Girl ran out to cross the road. The Driver argued that the Mother had failed to supervise and control the Girl. The court held that the Driver was negligent. The Driver appealed on the issues that the Girl was contributory negligent and the Mother had been negligent in her control of the Girl.
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December 2014