Children in Tort Law, Part II: Children as Victims (2007) (Tort and Insurance Law #18)

By: Miquel Martín-Casals

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Synopsis: Since children are not as capable as adults to perceive the risks involved in many situations of daily life, they are at a high risk of suffering personal injuries, mainly resulting from home, school and traffic accidents. From the tort law perspective, this requires a specific treatment of children as victims. For the last few decades some legal systems have been trying to find new solutions for a better protection of children, while other legal systems still follow more traditional rules. After having tackled the problems concerning the position of children as tortfeasors in a previous book, in this book the same working team deals with the problems related to the position of children as victims. This book analyses both the traditional solutions found in some legal systems and the newer solutions offered by others and devotes specific attention to damage issues, apportionment of damage and insurance problems when the victim is a child.