The Court refused to accept that the age of six (6) was the absolute immunity threshold but preferred to leave the issue to the court to determine on a case-by-case basis. It is only where a child's age would make a finding of negligence "absurd", that there would be immunity from tort liability. "... 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." Joyal v. Barsby [1965] – 6yr old runs onto busy road – hit by truck – kid held to be contributorily negligent since trained in highway safety. - 6 year old runs onto busy road and is struck by semi- issue at appeal was child contributorily neg’t in stepping onto busy highway? - child 40% c.neg’t : trained in highway safety and had she looked wouldn’t have stepped onto road Heisler v. Moke year old boy had already injured his leg in a previous accident [1971] - then was driving a tractor and aggravated the injured leg – found to be contributorily negl’t. Facts 9 year old boy had already injured his leg in a previous accident he then was driving a tractor and aggravated the injured leg Issue What standard should children be held to? Ratio child is negligent, engaged in adult activity Children are not held to the reasonable person standard 2 questions 1. Whether the child, having regard to his age, his intelligence, his experience, his general knowledge and his alertness, is capable of being found negligent in the circumstances under investigation (consider the particular child, it is subjective).
The Court refused to accept that the age of six (6) was the absolute immunity threshold but preferred to leave the issue to the court to determine on a case-by-case basis. It is only where a child's age would make a finding of negligence "absurd", that there would be immunity from tort liability. "... 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." Joyal v. Barsby [1965] – 6yr old runs onto busy road – hit by truck – kid held to be contributorily negligent since trained in highway safety. - 6 year old runs onto busy road and is struck by semi- issue at appeal was child contributorily neg’t in stepping onto busy highway? - child 40% c.neg’t : trained in highway safety and had she looked wouldn’t have stepped onto road Heisler v. Moke [1971] - year old boy had already injured his leg in a previous accident then was driving a tractor and aggravated the injured leg – found to be contributorily negl’t. Facts 9 year old boy had already injured his leg in a previous accident he then was driving a tractor and aggravated the injured leg Issue What standard should children be held to? Ratio child is negligent, engaged in adult activity Children are not held to the reasonable person standard 2 questions 1. Whether the child, having regard to his age, his intelligence, his experience, his general knowledge and his alertness, is capable of being found negligent in the circumstances under investigation (consider the particular child, it is subjective).
Goold%20(Ben)_Law_140_-_Torts_Winter_2011_Glen_Tedham.docx