Jemma Barnard explores when a child can claim negligence against their parent.

When I was about four years old, I broke my arm. I had tripped over a stray Barbie doll that I had left on the floor, rather than putting away – despite Mum no doubt asking me to do so ten times!

Reminiscing the trendy colour of my plaster cast all those years ago has got me thinking this week – when can a child claim negligence against their parent? Did my Mum breach a duty of care owed to me by failing to pick up my toys that I had left strewn across the room?! Could it be said that she was negligent by failing to supervise me adequately?

At law, negligence is a defined tort comprising of three elements which comprise the cause of action: the existence of a duty of care between parties, a breach of that duty of ...

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