What if my child was partially at fault for causing their injury or death -- can I still sue?
A:
What if my child was partially at fault for causing their injury or death -- can I still sue?
Yes. In Washington, a child under the age of 6 years is legally incapable of being negligent. So for children who are 5 years old or younger, they cannot be held partially at fault. For cases involving children ages 6 and older, they may be held responsible for the conduct giving rise to the child's injuries. In the end, a judge or jury will assess the level of fault that should be attributed to the child.