Photobac / Shutterstock.com When Children Behave Like Animals Should Tort Law Treat Them Differently?
The next time a court is faced with the question of damage caused by harmful children and/or animals that are under the control of a third party, the court should decide if this disparate treatment is warranted where the underlying purpose for the two laws are nearly identical.
July 29, 2021 at 10:00 AM
5 minute read
Op-Ed
In tort law, generally speaking, the law only holds a person responsible for his or her own actions. Restatement (Second) of Torts §315. The reason for this is clear: If the purpose of tort law is to influence behavior, the law only ought to be enforced where it acts as a deterrent against bad behavior. Usually, a person has not participated in bad behavior where a third-party actor has behaved poorly. It is thus perfectly sensible that tort law does not hold a person responsible for the actions of third parties.
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