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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.




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