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 ยง283A; 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);
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Famous quotes containing the word children:
“There is a delicate balance of putting yourself last and not being a doormat and thinking of yourself first and not coming off as selfish, arrogant, or bossy. We spend the majority of our lives attempting to perfect this balance. When we are successful, we have many close, healthy relationships. When we are unsuccessful, we suffer the natural consequences of damaged and sometimes broken relationships. Children are just beginning their journey on this important life lesson.”
—Cindy L. Teachey. “Building Lifelong Relationships—School Age Programs at Work,” Child Care Exchange (January 1994)
“Parents must not only have certain ways of guiding by prohibition and permission; they must also be able to represent to the child a deep, an almost somatic conviction that there is a meaning to what they are doing. Ultimately, children become neurotic not from frustrations, but from the lack or loss of societal meaning in these frustrations.”
—Erik H. Erikson (20th century)
“Certainly parents play a crucial role in the lives of individuals who are intellectually gifted or creatively talented. But this role is not one of active instruction, of teaching children skills,... rather, it is support and encouragement parents give children and the intellectual climate that they create in the home which seem to be the critical factors.”
—David Elkind (20th century)