March 30, 2016

Peter Christensen And Kathryn Smith Obtained Victory At Utah Supreme Court

The Utah Supreme Court ruled that children under 5 cannot be held legally responsible for negligence, saying they have a limited capacity to appreciate how their actions can harm others and an “inadequate internal ability” to control impulses that might lead to injuries. The ruling reverses a 3rd District Court order denying a request to dismiss negligence claims against a 4 year old boy, who was sued by his babysitter for allegedly causing her to lose all vision in one eye by throwing a toy dolphin that hit her in the face. The Court adopted the Restatement (Third) of Torts rule that children under the age of five, as a matter of law, many not be held liable for negligence.