Standard Of Care Flashcards
1
Q
What is the standard of care for a child?
A
D is correct. In order to determine if the boy is likely to prevail, we must first determine what duty of care was owed to him. The girl is only 13 years old. A majority of courts will hold that a child is required to conform to the standard of care a child of like age, education, intelligence, and experience. However, when a child engages in an activity that is normally one that only adults engage in, courts will hold that the child will be required to conform to the same standard of care as an adult in such an activity. Here, the girl was operating a high-speed motorboat: an adult activity. Therefore, she will be held to an adult standard of care and the boy will prevail.
