Van Camp v. McAfoos

Van Camp v. McAfoos
261 Iowa 1124, 156 N.W.2d 878 (1968)

Facts: A little boy runs into a lady on the sidewalk. The lady required surgery because of it, and sued the boy.

Procedure: The trial court sustained a motion to dismiss stating that since the plaintiff alleges neither fault nor negligence, there is no cause of action. Plaintiff appealed.

Issue: Is there a cause of action?

Holding: No.

Reasoning: There are cases where a young child was held at fault, but she is not claiming fault. Lack of fault or negligence makes it a strict liability case. There is no previous law of any kind suggesting that strict liability should apply for such a child, and the court doesn't want to start one.