Robinson v. Lindsay
598 P.2d 392 · 1979
Facts
Kelly Robinson, 11, suffered personal injuries, losing full use of her thumb, in a snowmobile accident. The snowmobile was being driven by Billy Anderson, who was 13 years old at the time of the incident. The accident involved a powerful motorized snowmobile.
Procedural history
After a jury returned a verdict in favor of Billy Anderson, the trial court ordered a new trial. The trial court believed the jury should have been instructed to apply an adult standard of care to the minor operating the snowmobile. This court is reviewing the trial court's order for a new trial and affirms it.
Issue
The legal question on appeal is whether a minor operating a snowmobile should be held to an adult standard of care for negligence.
Holding
The court affirmed the trial court's order granting a new trial, agreeing that a minor operating a snowmobile should be held to an adult standard of care.
Rule
While children are traditionally held to a flexible standard of care, exercising the same care as a reasonably careful child of similar age and experience, an exception applies for inherently dangerous activities. When a child engages in an inherently dangerous activity, such as operating powerful mechanized vehicles like snowmobiles, they are held to an adult standard of care. This rule protects the public from hazards and discourages immature individuals from engaging in activities requiring adult competence, while still allowing children to enjoy traditional childhood activities under the child standard.
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