Washington Appellate Court

GARRATT v. DAILEY, 46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955).

By April Wood

CAPTION:

NAME: Garratt v. Dailey

COURT: Washington Appellate Court

DATE: 1955

FACTS: Five year old Dailey (Defendant) pulled a chair out from under Garratt (Plaintiff) just as she was about to sit causing her to fall and break her hip. Garratt sued for personal injuries and alleged that Defendant had acted deliberately.

PROCEDURAL HISTORY: The trial court entered judgment for Defendant and found that he had not intended to injure Plaintiff. The court made a finding of $11,000 in damages anyways. Dailey appealed.

ISSUE: 1) Can a 5yr old child be liable for an intentional tort?

2) Is the element of intent satisfied if the defendant knows with a substantial certainty that his act will result in a harmful or offensive contact?

HOLDING: 1) Yes

2) Yes

RATIONALE: Under the Restatement of Torts an person who commits a direct or indirect act which is the legal cause of a harmful contact with another is liable if: 1) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and 2) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and 3) the contact is not otherwise privileged. The absence of any intent to injure, would not absolve the defendant of liability if in fact he knew she could get hurt.

RESULT: Remanded.