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Torts • Negligence
TORT#032
Legal Definition
Children are held to the standard of a child of similar age, education, intelligence, and experience, unless they are engaged in adult activity. This is a subjective test.
Plain English Explanation
Children are not held to the same standard as adults when deciding whether they were negligent. The law understands that children don't have the same maturity or judgment as adults, so their actions are compared to what you would expect from a child of their age, education, intelligence, and experience. For example, if a 10-year-old boy gets into an accident while playing soccer, you wouldn't hold him to the same standard as an adult soccer player. Instead, you would ask, "What would a typical 10-year-old boy with his level of understanding and skill do in the same situation?"
This rule is subjective, meaning it changes depending on the child. One 10-year-old might be more mature or skilled than another, so each case looks at the specific child involved.
However, if a child is doing something considered an "adult activity," like driving a car or operating heavy machinery, the rules change. In those cases, they are held to the same standard of care as an adult. The reason for this is that adult activities are more dangerous and require adult levels of responsibility and judgment.
This rule is subjective, meaning it changes depending on the child. One 10-year-old might be more mature or skilled than another, so each case looks at the specific child involved.
However, if a child is doing something considered an "adult activity," like driving a car or operating heavy machinery, the rules change. In those cases, they are held to the same standard of care as an adult. The reason for this is that adult activities are more dangerous and require adult levels of responsibility and judgment.
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