Also known as: age based standard of care · child standard of care · age-adjusted reasonable person
Written by attorneys · grounded in primary & secondary sources — see below
A tort principle under which a minor's negligence is judged by comparing the child's conduct to that of a reasonably careful person of like age, intelligence, and experience. The modern trend replaces this standard with the ordinary adult reasonable person standard when the minor engages in an adult activity.
Angela Acosta, age 16, obtained a driver's license and was hired by a delivery company to operate a van in city traffic. While checking directions on her phone during a delivery, she rear-ended a car driven by Maria Lopez. Maria sued Angela for negligence. Because driving a motor vehicle is an adult activity, the court applied the ordinary adult reasonable person standard rather than an age-adjusted one.
Alfred Ashford, age 12, flew a quadcopter drone he had programmed and operated for several years at a community event hosted by NovaCode Labs. While flying it indoors near glass partitions, he lost control and the drone crashed through a wall, injuring Alex Rivera. Alex sued Alfred for negligence. The court measured Alfred's conduct against what a reasonably careful 12-year-old with similar skills and experience would have done.
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The modern trend applies the ordinary adult reasonable person standard when a minor engages in an adult activity, such as operating a motor vehicle on public roads. This exception exists because the risks to the public are too great to permit a more lenient child standard in those settings. Activities like recreational drone flying or pool games do not trigger the exception.
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Children are liable for their own torts, including negligence. The age-based standard adjusts the level of care required rather than granting immunity from liability. A child who falls below the applicable standard can be found negligent and held personally responsible for resulting harm.
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A child's training and experience are factored into the standard as part of the inquiry into what a reasonably careful child of like age, intelligence, and experience would do. Greater experience may raise the bar within the child standard but does not automatically convert the standard to an adult one unless the activity itself is characteristically adult.
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