A 12-year-old was driving a car with the knowledge and consent of their parent and struck a pedestrian at a marked crosswalk. What standard of care should be used to evaluate whether the 12-year-old acted negligently?
The 12-year-old’s age and inability to legally drive prevent liability for negligent actions.
The 12-year-old’s conduct is assessed against the behavior expected of a child with similar age, intelligence, and experience.
The standard of care is determined by the driving skills and experience the 12-year-old has demonstrated.
The 12-year-old’s conduct is evaluated using the same standard applied to adults due to the responsibilities associated with driving.
The correct answer is that the 12-year-old’s actions should be evaluated using the same standard applied to adults. When children take on activities that carry significant risks and are typically reserved for adults—such as driving—they are held to the same standard of care as any adult performing that activity. This ensures a consistent and objective evaluation of negligence. Other options misapply the standard of care by treating the child as an exception, focusing incorrectly on individual experience or skill, or presenting an outright dismissal of liability which is inconsistent with legal principles.
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