Last updated 9 July 2024

In general, children are legally responsible for any wrongful acts they commit. However, their level of responsibility will be determined on a case-by-case basis. A court must consider what degree of reasonable care is required of the individual child in the case before it. Children of different ages will be expected to provide different standards of care depending on their age. Younger children may owe a lesser standard of care if they do not have capacity to foresee the consequences of their actions compared to an older child who may owe a standard of care closer to that expected of an adult. Children who engage in adult activities, such as driving a car, will be held to an adult standard of care.

In some limited circumstances, parents or guardians may be liable for the wrongful acts that children commit. This is called vicarious liability. A parent or guardian may be liable if they:

  • fail to properly control or supervise their child(ren) and the child(ren) injure another person. Parents who are aware that their child(ren) can behave uncontrollably have a stricter duty to control them
  • authorise or instruct the child to commit a wrongful act
  • allow the child(ren) to act as their agent.

The next section of this chapter deals with the processes for commencing a negligence action on behalf of or against a child.