@Dolly: Calling people an idiot is a great way to establish a counter argument.
An accident, or an unfortunate accident or not, you will still be held liable.
The issue here is whether or not the child is old enough to possess the ability to do the right thing. The case is for the damage incurred by the negligence of the child, not the damage caused by the accident.
If the child of that age is not able to comprehend the situation and act accordingly, then there is no case.
If the child is able to comprehend the situation and doesn't call for help, then it I have no idea where the liability is; to the parents (for not teaching them) or the child.
An accident, or an unfortunate accident or not, you will still be held liable.
The issue here is whether or not the child is old enough to possess the ability to do the right thing. The case is for the damage incurred by the negligence of the child, not the damage caused by the accident.
If the child of that age is not able to comprehend the situation and act accordingly, then there is no case.
If the child is able to comprehend the situation and doesn't call for help, then it I have no idea where the liability is; to the parents (for not teaching them) or the child.