Standard of Care - Children

Children

A special standard of care also applies to children, who, in a majority of jurisdictions, are held to the behavior that is reasonable for a child of similar age, experience, and intelligence under like circumstances. (Restatement (Second) of Torts §283A; Cleveland Rolling-Mill Co. v. Corrigan, 46 Ohio St. 283, 20 N.E. 466 (1889).) In some cases it means that more may be required of a child of superior intelligence. (Compare Jones v. Fireman's Insurance Co. of Newark, New Jersey, 240 So.2d 780 with Robinson v. Travis, 393 So.2d 304 (La.App. 1980). An exception is for children engaged in "adult activity." Dellwo v. Pearson, 107 N.W.2d 859 (Minn 1961) Nicholsen v. Brown, 232 Or. 426, 374 P.2d 896 (1962) (automobile); Daniels v. Evans, 102 N.H. 407, 224 A. 2d 63 (1966) (motor scooter); Neumann. v. Shlansky, 58 Misc. 2d 128, 294 N.Y.S.2d 628 (1968 (playing golf)) What constitutes an "adult standard" may depend on local statute, and some have arbitrary age distinctions. Another exception is if the child is engaged in an "inherently dangerous activity." It is up to the trier of fact to decide if the activity is inherently dangerous. If they find that it is, the child must be held to an adult standard of care. Robinson v. Lindsay, 92 Wash.2d 410, 598 P.2d 2392 (1979) (snowmobile);