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As I was reading the story below, I thought I must be reading The Onion, only to later see that it's The Guardian instead.

http://www.theguardian.com/us-news/2015/oct/13/woman-nephew-broken-wrist-hug-lawsuit-no-damages

A woman who sued her 12-year-old nephew over a birthday hug that left her with a broken wrist has been awarded zero damages by a Connecticut jury.

... “I remember him shouting, ‘Auntie Jen, I love you!’ and there he was flying at me,” Connell is quoted as saying in court.

The aunt, who was seeking $127,000 in damages, told the court that she had found it “difficult to hold my hors d’oeuvre plate” at a recent party.

Several questions come to mind:

  • Is this possible only in America, or can you sue minors for these sort of things in any other country, too?

  • Can the 12-year-old nephew file a counter action for emotional distress, especially now that he was declared not liable?

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cnst
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1 Answers1

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Suing relatives or friends to trigger an insurance policy is sometimes necessary, particularly if the insurer is being recalcitrant. Apart from that it is pointless to sue someone who has no money!

In common law jurisdictions you can of course sue anyone for negligence. One of the things that you have to prove to be successful is that the defendant owed a duty of care. It may be difficult to prove that a child had such a duty.

Dale M
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