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First, we have to talk about
Submitted by DakotaLegal on
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First, we have to talk about
Submitted by DakotaLegal on
First, we have to talk about who exactly is a juvenile (or legal minor) in Arkansas civil courts. So here’s a general answer: in Arkansas, a minor is defined as someone being under 18 years of age. Eleven other states, though, define a juvenile as being under 17 (Texas, Georgia, Illinois, Massachusetts, Michigan, Missouri, South Carolina, and Louisiana). Two states (North Carolina and New York) define a juvenile as someone under the age of sixteen. And New York courts have made news by letting a four year old be sued by an elderly woman, hit by the child while bicycling. So, in Arkansas and all other states in the U.S., a juvenile is usually legally defined as a person somewhere under the age of eighteen.
Second, “Yes,” there are some specific situations where a juvenile (someone under 18) can be sued in Arkansas Civil District court. The exceptions that might let a juvenile be sued can be if:
(a) The juvenile has been declared emancipated by a court order;
(b) The juvenile is serving in the US military;
(c) Certain contracts signed by the juvenile may be enforceable in court.
As to contracts, a minor can usually void a contract they signed. This does not, however, entitle a minor to keep whatever they contracted for. There are also exceptions to non-enforceability of a contact. A minor usually has the power to “void” a contact…but the juvenile may choose not to, and allow themselves to be sued. Interestingly, in part because of Hillary Clinton’s past work in Arkansas, there is still one of the strongest national movements (with plenty of supporters and opponents on either side) for treating juveniles as adults…in Arkansas. http://www.aradvocates.org/ Also, a minor can be held liable for a contract if that contract was for what the court says are “necessities” of life. The idea there is that it’s better public policy to enforce a minor’s contract, than to allow them to lose their health or jeopardize a life by depriving them of necessities. All bets are “off,” though, if the person trying to enforce the contact knew they were dealing with a juvenile.
There may be special protections for minors, including free legal advocacy if the juvenile has any impairment or disability. Disabilities that affect an emancipated minor’s capacity, for example, should receive special consideration. http://www.arkdisabilityrights.org/
And as two quick asides, all states allow some juveniles to be tried as adults, for committing a crime. This might be important when answering your question, since many people who have been hurt by a minor’s criminal act later sue for civil damages. But a juvenile who may be tried criminally as an adult does not mean the juvenile can automatically be sued civilly in Arkansas district court: it’s two different things. https://courts.arkansas.gov/juvenile/index.cfm In the same way, there’s a difference between how the rules may work, in suing a juvenile in Arkansas district courts versus in Arkansas small claims courts. With low filing fees in small claims court, juveniles are more likely to be sued there.
The reality is often that a minor will be sued in an Arkansas district court “through” the parents. This is yet another potential way to hold a minor liable, but is technically allowed only under certain circumstances. The most common way a parent might be liable for a minor’s acts are if the minor acted with deliberate or gross negligence. The parents might have their homeowners insurance that covered the juvenile’s alleged wrong. The parents may have benefitted from the juvenile’s actions. The parents may have participated in the alleged wrong. Any of these factors may allow a suit for what the minor did, while not technically suing the juvenile.
When it comes to a civil suit, the bottom line is that Arkansas (and most other states) usually requires a suit for what a juvenile did civilly wrong to be also against the parents of the juvenile. Finally, the rights of a juvenile to sue someone who is over 18 is not limited by the juvenile’s age. Put another way, there’s a double standard at work, and people who are over age 18 are essentially held to a higher standard of legal liability than most people who are under 18 in Arkansas.
First, we have to talk about who exactly is a juvenile (or legal minor) in Arkansas civil courts. So here’s a general answer: in Arkansas, a minor is defined as someone being under 18 years of age. Eleven other states, though, define a juvenile as being under 17 (Texas, Georgia, Illinois, Massachusetts, Michigan, Missouri, South Carolina, and Louisiana). Two states (North Carolina and New York) define a juvenile as someone under the age of sixteen. And New York courts have made news by letting a four year old be sued by an elderly woman, hit by the child while bicycling. So, in Arkansas and all other states in the U.S., a juvenile is usually legally defined as a person somewhere under the age of eighteen.
Second, “Yes,” there are some specific situations where a juvenile (someone under 18) can be sued in Arkansas Civil District court. The exceptions that might let a juvenile be sued can be if:
(a) The juvenile has been declared emancipated by a court order;
(b) The juvenile is serving in the US military;
(c) Certain contracts signed by the juvenile may be enforceable in court.
As to contracts, a minor can usually void a contract they signed. This does not, however, entitle a minor to keep whatever they contracted for. There are also exceptions to non-enforceability of a contact. A minor usually has the power to “void” a contact…but the juvenile may choose not to, and allow themselves to be sued. Interestingly, in part because of Hillary Clinton’s past work in Arkansas, there is still one of the strongest national movements (with plenty of supporters and opponents on either side) for treating juveniles as adults…in Arkansas. http://www.aradvocates.org/ Also, a minor can be held liable for a contract if that contract was for what the court says are “necessities” of life. The idea there is that it’s better public policy to enforce a minor’s contract, than to allow them to lose their health or jeopardize a life by depriving them of necessities. All bets are “off,” though, if the person trying to enforce the contact knew they were dealing with a juvenile.
There may be special protections for minors, including free legal advocacy if the juvenile has any impairment or disability. Disabilities that affect an emancipated minor’s capacity, for example, should receive special consideration. http://www.arkdisabilityrights.org/
And as two quick asides, all states allow some juveniles to be tried as adults, for committing a crime. This might be important when answering your question, since many people who have been hurt by a minor’s criminal act later sue for civil damages. But a juvenile who may be tried criminally as an adult does not mean the juvenile can automatically be sued civilly in Arkansas district court: it’s two different things. https://courts.arkansas.gov/juvenile/index.cfm In the same way, there’s a difference between how the rules may work, in suing a juvenile in Arkansas district courts versus in Arkansas small claims courts. With low filing fees in small claims court, juveniles are more likely to be sued there.
The reality is often that a minor will be sued in an Arkansas district court “through” the parents. This is yet another potential way to hold a minor liable, but is technically allowed only under certain circumstances. The most common way a parent might be liable for a minor’s acts are if the minor acted with deliberate or gross negligence. The parents might have their homeowners insurance that covered the juvenile’s alleged wrong. The parents may have benefitted from the juvenile’s actions. The parents may have participated in the alleged wrong. Any of these factors may allow a suit for what the minor did, while not technically suing the juvenile.
When it comes to a civil suit, the bottom line is that Arkansas (and most other states) usually requires a suit for what a juvenile did civilly wrong to be also against the parents of the juvenile. Finally, the rights of a juvenile to sue someone who is over 18 is not limited by the juvenile’s age. Put another way, there’s a double standard at work, and people who are over age 18 are essentially held to a higher standard of legal liability than most people who are under 18 in Arkansas.