- 07-Jun-2025
- Cyber and Technology Law
Minors, generally defined as individuals under the age of 18, typically lack full legal capacity to file lawsuits on their own. However, they can file product liability suits if they are injured by a defective product. In these cases, a guardian, parent, or legal representative typically acts on behalf of the minor to initiate and pursue the claim. The legal process is structured to ensure that minors' rights are protected and that they receive the necessary compensation for any harm caused by a defective product.
While minors lack the full legal capacity to file lawsuits independently, they can file a product liability suit with the help of a guardian or legal representative. The court recognizes that minors may suffer injuries due to defective products and allows them to seek compensation through a representative.
In product liability cases, if a minor is injured by a defective product (e.g., toys, medical devices, or household goods), the parent or guardian can file the suit for compensation on behalf of the child. The defendant in the case could be the manufacturer, retailer, or any party responsible for placing the defective product into the market.
The statute of limitations (the time limit within which a lawsuit must be filed) for minors differs from adults in many jurisdictions. For minors, the statute of limitations may be extended until the child reaches the age of majority (18 years old). This extension allows the minor or their legal representative to file a claim on their behalf once they are legally able to do so.
For example, if a minor is injured by a product at age 5, the legal timeframe for filing the lawsuit may not start until the minor turns 18, giving them until the age of 20 to file a claim (depending on the jurisdiction’s laws).
The parent or guardian files the lawsuit in the appropriate court on behalf of the minor. This process involves submitting a complaint that outlines the injury caused by the defective product and the damages being sought.
If the case goes to court, the guardian or parent will act as the legal representative, but the minor will be the actual plaintiff. The court will ensure that the child’s best interests are considered throughout the case.
In some cases, particularly if the case involves significant compensation or a highly complex legal issue, the court may also appoint an attorney specifically for the minor to ensure their rights are fully protected.
Out-of-court settlements are common in product liability claims, especially in cases involving minors. If the case is settled, the minor will receive compensation, and the guardian will ensure that the funds are used for the child’s benefit, including medical bills, rehabilitation, and other related costs.
If the case goes to trial and results in a judgment, the minor’s compensation will be managed by the guardian or held in a trust account until the minor reaches adulthood.
The settlement or award may be structured in a way that protects the minor’s interests. In many cases, the compensation will be placed in a trust or other protected account, and the funds can only be used for the minor’s benefit, including education, medical care, and other needs.
A 10-year-old child is injured when a toy with a defective part causes a laceration. The parent files a product liability lawsuit on behalf of the child against the toy manufacturer.
Minors can file product liability suits, but they must be represented by a guardian, parent, or legal representative, as minors lack the legal capacity to act independently in court. The process involves filing the suit on the minor’s behalf and ensuring that the child’s best interests are protected throughout the legal proceedings. Legal safeguards, such as the extension of the statute of limitations, are often in place to allow minors to seek compensation when they reach adulthood.
Answer By Law4u Team
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