What is the standard of care for a child?

Alberta, Canada


The following excerpt is from Strehlke v. Camenzind, 1980 CanLII 1143 (AB QB):

The standard of care to be expected of a child was discussed by Addy J. in Heisler v. Moke, 1971 CanLII 625 (ON SC), [1972] 2 O.R. 446, 25 D.L.R. (3d) 670 (H.C.). Dealing with adults, the learned judge, at p. 447, observes that when considering the question of whether a person is negligent the test to be applied is purely an objective one, but at p. 448 he deals with the negligence of children: "In the case of children, however, other considerations enter into play. There are two separate questions to be determined. The first one is whether the child, having regard to his age, his intelligence, his experience, his general knowledge and his alertness is capable of being found negligent at law in the circumstances under investigation. In other words, we consider here the particular child. As has been stated frequently, there is no absolute rule as to age in order to determine this question. Age is merely one of the factors, although the age of seven is often regarded as the crucial or critical age where normally a child may be expected to begin to assume responsibility for his actions. "The test in order to determine this preliminary question is therefore a very subjective one. All of the qualities and defects of the particular child and all of the opportunities or lack of them which he might have had to become aware of any particular peril or duty of care must be considered." And at p. 449: "At the very least, one must ask oneself what a reasonable child of that particular age could reasonably be expected to do and foresee under those particular circumstances."

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