Law School Case Briefs

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Van Camp v. McAfoos

Supreme Court of Iowa (1968) | 156 N.W.2d 878; 261 Iowa 1124

4 min read

TL;DR: A woman sued a three-year-old who ran into her with his tricycle. The court dismissed the case, holding that a tort requires an allegation of fault, and that parental liability requires knowledge of a child's specific dangerous propensity, not just normal childhood activity.

Legal Significance: Establishes that a plaintiff must plead and prove an element of fault (intent or negligence) to recover for an injury caused by a child. It also adopts the Restatement rule for parental liability, requiring knowledge of a child's specific dangerous propensities.