Torts: Negligence: Duty: 6 special duty scenarios: Children

  • Under 4 have no duty of care and can never be held neg.
  • Over age of 4 and under 18: owe duty of care of similar age, experience, and intelligence, acting under similar circumstances (subjective standard – different for every kid in the world; it’s a very pro-Δ std.)
  • It is very difficult to win a negligence claim against children.
  • Exception: if the child is engaged in an adult activity, we will not use the special standard. Apply the RPP std. (i.e. operating a motorized vehicle; tractor; jetski; snowmobile).