If a child is hurt by the fault of another child: Can the child also be contributory at fault for the accident?

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Children can be contributory negligent depending on their age. Children under the age of 7 cannot be held contributory negligent under the “tender age doctrine.” Children between the ages of 7 through 14 can be contributory negligent depending on their age, capacity, intelligence and experience. Minors over the age of 14 may also be contributory negligent. However, the minor’s actions must be judged by an adult standard, which takes into consideration the minor’s intelligence and experience.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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