Contributory negligence
In Virginia, contributory negligence is defined as the failure to act as a reasonable person would have worked for his or her safety under the circumstances. A plaintiff in a personal injury case found to be contributorily negligent will be barred from recovery.
Under Virginia law, a child under seven is considered incapable of being contributorily negligent. A child who is fourteen years old or older but less than eighteen years old will have his or her conduct measured by the degree of care that persons of the same age, experience, intelligence, discretion, and knowledge would exercise under the circumstances.
A child who is seven years old or older but less than fourteen years old is presumed to be incapable of contributory negligence, but said child will be considered capable of contributory negligence if it is shown:
(1) that the child could understand the nature of the danger in question and the peril associated with his or her conduct, taking into consideration the child’s age, intelligence, and experience; and
(2) that the child’s conduct did not conform to the standard of what a reasonable person of age, intelligence, and experience would do for his or her safety and protection.
Questions regarding a child’s contributory negligence often arise when the child is playing in a parking lot.
Children in those situations will sometimes dart in front of a car from behind a parked vehicle, resulting in a car-on-pedestrian accident, which can be very serious.
A personal injury case involving a child injured in a parking lot will usually focus on the conduct of the driver of the vehicle that struck the child but also the conduct of the child.
As discussed above, Virginia law considers a child under seven incapable of contributory negligence. Therefore, a negligent driver who strikes a child under seven is prohibited from raising a contributory negligence defense.
If that hypothetical driver hits a child who is seven years old or older but less than fourteen, he or she will be allowed to raise a contributory negligence defense.
Still, he or she will have to overcome the presumption that the child was incapable of contributory negligence.
The conduct of a child fourteen or older but less than eighteen will be assessed in relation to children of similar age and intelligence.
The capacity of a child and the application of the contributory negligence doctrine
Questions about the capacity of a child and the application of the contributory negligence doctrine are specific to the facts of the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach.
They can assess whether there is a legitimate basis for the defendant to make a contributory negligence defense.
In cases where a contributory negligence defense may be applicable, our lawyers can assess whether there are any exceptions to the contributory negligence doctrine that may apply, such as the age of the plaintiff, proximate causation, etc.
As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person, and in the case of a child, his or her parent or guardian, as to the value of the injury claim, can guide the injured person through the process of claiming with the applicable insurance company or companies, and can represent the injured person in the litigation of the personal injury claim, if a personal injury lawsuit becomes necessary.
Related Injury Law Articles
Contributory Negligence Doctrine in Virginia
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
Follow us on Facebook.