Tortsminor negligencestandard of carechild standardadult standardsnowmobileinherently dangerous activitymotorized vehicles
Facts
Kelly Robinson was injured in a snowmobile accident when she was 11 years old and lost full use of a thumb. Billy Anderson, who was 13 at the time, was driving the snowmobile. The jury was instructed under the ordinary child-negligence standard, comparing Anderson's conduct to that of a reasonably careful child of the same age, intelligence, maturity, training, and experience. Anderson had operated snowmobiles for about 2 years and was driving a 30-horsepower snowmobile at 10 to 20 miles per hour; the machine was capable of 65 miles per hour.
Issue
Whether a minor operating a snowmobile should be held to the ordinary child standard of care or instead to an adult standard of care.
Rule
A child engaged in an inherently dangerous activity, such as operating a powerful mechanized vehicle, is held to the standard of care expected of an adult rather than the ordinary child standard.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In rural Montana, 15-year-old Evan Price drove a gasoline-powered dirt bike along a gravel access road on his aunt's property. He lost control and struck 12-year-old Nora Velez, who was walking nearby.
If Nora sues Evan for negligence, what standard of care should apply to Evan's conduct?
Explanation. The majority held that a minor engaged in an inherently dangerous activity involving operation of a powerful mechanized or motorized vehicle is judged by the adult standard of care, not the ordinary child standard. The rationale is to avoid allowing hazardous vehicle operation with less than the minimum care society expects and to protect the public, while preserving the child standard for ordinary childhood activities. Private property and minority do not change that rule.