And if this is what you’re wondering about, you’ve certainly come to the right place.
This article is going to discuss whether, or not, it is legal to sue a minor, and it will cover everything you need to know about the subject, answering all your most frequently asked questions along the way.
(Please feel free to scroll ahead to any section that jumps out at you.) Here goes.
Who Are Minors?
Before we really begin it’s important to define what is meant by the term “minor”.
In the Wikipedia definition of a minor, it states that “In law, a minor is a person under a certain age, usually the age of majority, which legally demarcates childhood or an underage individual from adulthood.
The age of majority depends upon jurisdiction and application, but it is commonly 18.”
And the key thing to note from this definition is that the category of minors can change between different contexts, since the age of majority depends on both the jurisdiction and the context.
Interestingly, Wikipedia also goes on to say that “The concept of minors is not sharply defined in most jurisdictions.
The age of criminal responsibility and consent, the age at which school attendance is no longer compulsory, the age at which legally binding contracts can be entered into, and so on may be different from one another.”
Why Might Someone Want To Sue A Minor
If a minor has committed a wrong doing of some sort for which they could be sued if they were not a minor, it is easy to see why someone would want to sue them.
The person who has been wronged, may be able to identify the criminal and wish to openly accuse them in a court of law, so that they may be judged for their wrong doing and be ordered by a judge to pay financial compensation for what they have done.
The wish to sue someone who has committed a crime is perfectly understandable if the wronged individual feels that the minor absolutely knew that what they did was an injustice.
This wish to sue can feel even more justified if the wronged individual knows that the minor has more than enough financial means to pay the compensation for the damage done, whether it’s an object that has been damaged or a reputation.
Is It Legal To Sue A Minor?
Now, let’s get down to the nitty gritty…
Perhaps surprisingly, it transpires that, in common law, which is law made through court decisions, minors have the right to sue and be sued.
There is a key difference, however, in their participation in litigation. They are classed as not possessing the legal capacity to participate in litigation in their own names.
This means that if the minor was taken to court to be sued, rather than represent themselves, they would have someone else represent them and their best interests in the court. This representative is called a guardian ad litem (GAL).
So, it turns out that the answer to this question is somewhat complicated…
At first glance, it seems like minors cannot be sued, as per the definition of a minor in law as being someone who is under the age of majority.
However, when you look closely, you find that minors can be sued so long as they do not appear before the courts in their own name.
So, in other words, minors have all the same rights to sue and be sued as adults, except that the only way they can do this is through a representative.
And the key thing to notice about this is that suing a minor may not be as easy as it may sound because there’s a grown adult who will represent them in court, looking out for their best interest.
Does The Legality Of Suing A Minor Depend On Where You Live?
It turns out that the answer depends upon where you live. In some countries, minors are considered unable to make legal decisions and therefore incapable of making contracts.
Therefore, minors cannot contract with each other.
As such, minors cannot sign contracts without the consent of their parents or guardians.
In those jurisdictions, minors cannot sue or be sued unless their parents or guardians give permission for them to do so.
However, in most places around the world, minors have the ability to enter into contracts, including contracts relating to property ownership.
US States where you can legal sue a minor include (in alphabetical order): Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Problems With Suing A Minor
By far the most common problem with suing a minor is that the minor simply does not have the money available to pay out.
In which case, you may wonder if you could sue their parents or guardians instead, since they are considered by most to be responsible for raising the child right and teaching them right from wrong.
However the general rule in law is that “unless the child engages in willful or wanton misconduct, parents are not liable for the wrongs their minor children do”.
However, it’s not always about the money, and a victim may well wish to take the minor to court to teach the minor a valuable lesson, so that they do not carry out such wrong doings in the future.
Final Thoughts
So, although it is possible to sue a minor for wrongdoingalbeit through a representative, more often than not, the minor will be unable to pay much in the way of compensation.
Hi, my name is Andrea Symth. A couple of years ago, I was stuck in a dead-end job where the workers were severely underappreciated and overworked. The office was old and falling apart around us, yet management didn’t seem to care.
Last summer there was a fire in the building.
That was what spurred my idea for Can I Sue, an online source to find out whether you have the grounds to sue or not, as well as helpful tips that you might need during the process.
