Decision and Rationale utter cj Yes A minor child engaged in the operation of

Decision and rationale utter cj yes a minor child

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Decision and Rationale: (utter, c.j.) Yes. Aminor childengaged in the operation of machinery ordinarily used by adults is held to an adult standard of care. Exceptions to the reasonable person standard of care have developed when the individual whose conduct is in question has suffered from a physical impairment, such as blindness, deafness, or lameness. Courts have also developed a different standard when dealing with children. A child's conduct has usually been compared to conduct expected of a reasonable child of the same age, experience, intelligence, maturity, and training. However, many courts have applied the adult standard of care when a child is engaged in anactivity which is inherently dangerous. Some courts have couched this exception in terms of a child who is engaged in adult activities. The holding of minors to an adult standard of care when they operate motorized vehicles has gained widespread approval from courts and commentators. The operation of a snowmobile, a motorized vehicle, likewise requires adult care and competence. As such, in this case Billy Anderson (D) should be held to conform his conduct to an adult standard. The court's instructions to the jury were therefore erroneous. (Affirming
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  • Spring '14
  • adult standard, Billy Anderson

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