A 12-year-old child riding a bicycle accidentally swerved onto the sidewalk and collided with a pedestrian, causing injuries. The pedestrian sues the child for negligence. Which standard should the court apply in determining whether the child was negligent?
A standard that is less strict, accounting for the child's young age and lack of legal accountability
The standard of care typically expected of a reasonably prudent adult in similar circumstances
An objective standard that measures the conduct against societal expectations, without personal characteristics being taken into account
The standard of care typically expected of a child of the same age, intelligence, and experience in similar circumstances
The correct answer is that the child's actions will be evaluated against the standard of care that would be expected of a child of similar age, intelligence, and experience in like circumstances. Tort law acknowledges that children are not capable of meeting the standard of care expected of a reasonably prudent adult, and instead applies a standard tailored to their developmental level. The other options incorrectly assert that a uniform adult standard or a lenient forgiveness-based standard would apply, neither of which aligns with established legal principles. In addition, the idea of an objective standard without regard for personal characteristics misrepresents the inherently subjective nature of how courts assess a child's behavior. The law adapts to account for the limitations of minors unless they engage in inherently adult activities, such as driving a car.
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What factors are considered when determining the standard of care for a child in negligence cases?
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