What must be proven for children to be held liable for damages?

To establish liability for damages caused by a child, it must be demonstrated that the child is capable of understanding the consequences of their actions. Children are generally presumed to lack the capacity to form intent to harm or fully comprehend the consequences of their behaviors, which is why proving incapability is crucial in determining whether they can be held legally responsible. If it can be shown that the child did not have the cognitive ability to understand the implications of their actions, this often serves as a defense against liability.

The concept of incapability acknowledges that children are still developing both cognitively and emotionally, and as such, legal systems often afford them certain protections under the law. This approach reflects a recognition that very young children, in particular, may engage in behavior without a true awareness of the potential harm they might cause.