What is the standard of care for a seven year old who is injured in an accident?

Alberta, Canada


The following excerpt is from I.G. v. Harmon, 1999 ABQB 354 (CanLII):

The standard of care to which a seven year old will be held is that set out in McEllistrum v. Etches 1956 CanLII 103 (SCC), [1956] S.C.R. 787 where Kerwin, C.J.C. said: It should now be laid down that where the age is not such as to make a discussion of contributory negligence absurd, it is a question for the jury in each case whether the infant exercised the care to be expected from a child of like age, intelligence and experience.

Other Questions


In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
What are the arguments raised by the trial judge in a motor vehicle accident case for damages for years lost by a plaintiff who is not injured but injured? (Alberta, Canada)
In what circumstances will a plaintiff have to prove that he or she was injured in a motor vehicle accident? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
What is the test for determining whether a person who is injured in an accident is entitled to compensation? (Alberta, Canada)
What is the test for assessing pre-trial loss of income for a plaintiff who is injured in a motor vehicle accident? (Alberta, Canada)
What is the limitation period for a plaintiff who was 13 years old when she was injured in a school bus accident? (Alberta, Canada)
What is the discovery period for a motorcyclist injured in a motor vehicle accident? (Alberta, Canada)
How have courts interpreted the proviso of an accident policy in respect of death by accident or violence? (Alberta, Canada)
Does a tortfeasor have a right to recover damages from a third party who was injured in a motor vehicle accident? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.