Can You Sue a Minor for a Personal Injury in Maryland?

Key Takeaways

• Maryland law holds minors liable for negligence, whereas contract law protects them.
• A judgment against a minor with no assets is often worthless without insurance behind it.
• Teen drivers face the same legal standard of care as adult drivers in Maryland.
• Parents are not automatically liable for a child’s ordinary negligence under Maryland law.
• Homeowners insurance often covers negligent injuries but excludes intentional or criminal acts.

A car accident, a bicycle collision, or a schoolyard injury caused by a teenager usually leaves victims asking the same question: Can you sue a minor for injuries caused by their carelessness in Ellicott City, Maryland? And the answer is that Maryland law allows a minor to be named as a defendant, though the child cannot defend the case personally. The court must appoint a guardian ad litem, an attorney tasked with protecting the minor’s interests throughout the proceeding.

At Bob Katz Law, we can help injured families in Ellicott City understand how these claims work and where recovery actually comes from.

Can You Sue a Minor in Maryland? The Reality of Juvenile Tort Liability

Many people assume a minor cannot be held responsible simply because they are underage. That assumption holds true in contract law, where courts recognize that children lack the competence to be bound by agreements. Personal injury law works differently. Can you sue a minor for negligence in Maryland? Yes. Courts judge a minor’s conduct against what a reasonably careful child of similar age and experience would have done, and the law grants no automatic immunity from a negligence claim.

The harder issue is not whether a minor can be named, but whether doing so accomplishes anything. A judgment against a teenager with no assets is difficult to collect. Effective claims center on identifying the insurance policy behind the child, since that policy, not the minor’s own pocket, funds any settlement. Under Maryland Rule 2-202, an existing guardian or fiduciary must defend the minor throughout the case, and if none is available, the court appoints an attorney to represent the child.

Underage Drivers: Teen Auto Accident Liability Under Maryland Law

Once a minor holds a Maryland driver’s license, age no longer serves as a shield. Teen drivers owe the same duty of care as any licensed adult, and a crash caused by a distracted or reckless teenager can create the same negligence exposure an adult driver would face.

Recovery typically flows through the vehicle’s insurance rather than directly to the teenager. If a parent’s policy lists the teen as a driver, that policy generally responds to the claim. Even when the vehicle belongs to a friend or relative, permissive use provisions usually extend coverage to a minor driving with the owner’s consent, since Maryland requires drivers to carry at least minimum liability coverage.

When Are Maryland Parents Financially Responsible for Their Child’s Actions?

Maryland parents are not automatically liable for a child’s ordinary carelessness. Under Maryland law, parents generally are not held responsible for a minor’s negligent conduct, such as a routine bicycle accident or an honest mistake, which surprises many families who assume a parent bears responsibility by default.

Two exceptions exist. Under the negligent supervision theory, a parent can face direct liability if they knew their child had dangerous tendencies and failed to intervene. Separately, when a minor commits an intentional criminal act, a Maryland court may order the child, the parent, or both to pay restitution under Md. Code, Crim. Proc. § 11-604, though the law sets a maximum recovery amount for a single incident. Maryland’s statute of limitations generally requires that a personal injury lawsuit be filed within 3 years of the incident, regardless of the defendant’s age.

Skateboards, Bikes, and Intentional Harm: Homeowners Insurance Pitfalls

Not every juvenile injury claim involves a car. When a minor negligently injures someone while riding a bicycle or skateboard, the family’s homeowners or renters policy typically covers the resulting damages, even when away from home, because that coverage applies to accidental, careless conduct.

That protection disappears once the injury results from an intentional act. A homeowner’s policy will not pay out for deliberate assault or battery, leaving victims to pursue the limited restitution process available through Maryland’s criminal or juvenile courts instead.

Overcome the Hurdles of Maryland Juvenile Claims: Contact Us Today

Maryland court rules add real complexity whenever a minor is involved. A guardian must defend the child named as a defendant, and if the injured party is a minor, someone must file suit on their behalf as a next friend. Coordinating auto, homeowners, and umbrella coverage across multiple policies takes guidance.

If you are still asking, can you sue a minor after a Maryland accident? Our team at Bob Katz Law can help locate every available policy and seek the compensation your case deserves. Contact us today at (410) 576-4287 for a free consultation.

Timothy J. Capurso

Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience.

Contact Timothy J. Capruso