Jeremy, Eric's five-year-old child, was playing in the backyard when his neighbor, an elderly woman named Helen, went outside to sit down. Jeremy pulled the lawn chair away just before Helen sat down. Helen was unable to catch herself and fell to the ground. As a result, she fractured her hip. Jeremy did not intend to hurt Helen and did not believe she would be hurt. The child was aware, however, that if he pulled away the chair as Helen was sitting down, she would almost certainly land on the ground.
a. Did Jeremy act intentionally? Is a five-year-old too young to act intentionally? To understand the significance of his actions? No he is only 5 years old and doesn't have the sense to be able to act intentionally or understand the outcome of his actions.
b. Did Jeremy cause Helen's fall? Explain the reasons for your answer. He ultimately did cause the fall but it wasn't intentional; it was negligent.
c. Can Helen sue Jeremy and force him to pay for her injuries? Can she sue Eric? Some states allow you to sue the child's parents for negligence but usually it is limited. So no, she cannot sue Jeremy or Eric.