At What Age Can a Child Be Assigned Comparative Fault in a Texas Personal Injury Trial? (Yarborough Rule)
Direct Answer Under Texas Law
Under the Texas Supreme Court's landmark ruling in Yarborough v. Berner, 467 S.W.2d 188 (Tex. 1971), a child under the age of five (5) years is conclusively incapable of negligence as a matter of law (0% fault). For a child between ages 5 and 14, the child is NOT judged by the adult standard of care; instead, under PJC 2.2, the child is held only to the degree of care that an ordinary prudent child of the same age, intelligence, experience, and capacity would exercise under the same circumstances!
Critical Texas Procedural Trap to Watch Out For
Exception: If a minor (such as a 16-year-old) is injured while engaging in an inherently adult activity requiring an adult license—such as driving a car, motorcycle, or motorboat—Texas law holds the minor to the full ADULT standard of care!
Recommended Action Plan for Texas Claimants
When representing a child pedestrian or cyclist between ages 5 and 14, request the mandatory PJC 2.2 Child Standard of Care instruction and object to any defense attempt to impute the parents' comparative fault to the child's own recovery (Tex. Civ. Prac. & Rem. Code § 33.001).
Detailed Texas Statutory & Case Law Breakdown
Under Texas Pattern Jury Charge PJC 2.2 (Child's Degree of Care) and controlling Texas appellate precedent in Yarborough v. Berner, 467 S.W.2d 188 (Tex. 1971); Rudes v. Gottschalk, 324 S.W.2d 201 (Tex. 1959), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Texas Pattern Jury Charge PJC 2.2 (Child's Degree of Care) and how Texas courts apply Yarborough v. Berner, 467 S.W.2d 188 (Tex. 1971); Rudes v. Gottschalk, 324 S.W.2d 201 (Tex. 1959) in your county's appellate district.
- Beware of the Texas Procedural Trap: Exception: If a minor (such as a 16-year-old) is injured while engaging in an inherently adult activity requiring an adult license—such as driving a car, motorcycle, or motorboat—Texas law holds the minor to the full ADULT standard of care!
- Execute the Texas Action Plan: When representing a child pedestrian or cyclist between ages 5 and 14, request the mandatory PJC 2.2 Child Standard of Care instruction and object to any defense attempt to impute the parents' comparative fault to the child's own recovery (Tex. Civ. Prac. & Rem. Code § 33.001).
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
At What Age Can a Child Be Assigned Comparative Fault in a Texas Personal Injury Trial? (Yarborough Rule)
Under the Texas Supreme Court's landmark ruling in Yarborough v. Berner, 467 S.W.2d 188 (Tex. 1971), a child under the age of five (5) years is conclusively incapable of negligence as a matter of law (0% fault). For a child between ages 5 and 14, the child is NOT judged by the adult standard of care; instead, under PJC 2.2, the child is held only to the degree of care that an ordinary prudent child of the same age, intelligence, experience, and capacity would exercise under the same circumstances! Key Texas Trap to Avoid: Exception: If a minor (such as a 16-year-old) is injured while engaging in an inherently adult activity requiring an adult license—such as driving a car, motorcycle, or motorboat—Texas law holds the minor to the full ADULT standard of care!
What Texas statute and Supreme Court / appellate precedent control age of child comparative negligence in texas?
This question is governed in Texas by Texas Pattern Jury Charge PJC 2.2 (Child's Degree of Care) and the legal standards articulated in Yarborough v. Berner, 467 S.W.2d 188 (Tex. 1971); Rudes v. Gottschalk, 324 S.W.2d 201 (Tex. 1959). Recommended step: When representing a child pedestrian or cyclist between ages 5 and 14, request the mandatory PJC 2.2 Child Standard of Care instruction and object to any defense attempt to impute the parents' comparative fault to the child's own recovery (Tex. Civ. Prac. & Rem. Code § 33.001).
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- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
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