Nielsen v. BellAnnotate this Case
Plaintiff was babysitting a four-year-old boy when the boy threw a toy at her, striking her in the eye. The impact caused Plaintiff to lose all vision in that eye. Plaintiff sued the boy’s parents for negligent supervision and the boy for negligence. The district court granted summary judgment on the negligent supervision claim against the parents but denied summary judgment on the negligence claim against the boy, concluding that a four-year-old boy can be liable for negligence under Utah law. The Supreme Court reversed, holding that children under the age of five may not be held liable for negligence.