Thursday, May 5, 2011
WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? Can a child contribute to his or her injuries?
As discussed in another chapter, any Baltimore personal injury lawyer will advise you that the law of five jurisdictions, Alabama, District of Columbia, Maryland, North Carolina, Virginia, contains the doctrine of "contributory negligence". This principle, a leftover vestige from the common law of England, hundreds of years old, operates to deny any financial recovery whatsoever to an auto accident victim found to be responsible, in even the smallest measure, for causing or contributing to the accident. But what if the injured person happened to be a child? Children under five years of age can never cause or contribute to their injuries. Children over 5 are judges by the standard of conduct that children of similar age, intelligence and experience and development would be held to under similar circumstances.