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  • Writer's pictureLandon Stinson

401.5 NEGLIGENCE OF A CHILD

401.5 NEGLIGENCE OF A CHILD


Reasonable care on the part of a child is the care that a reasonably careful child of the same age, mental capacity, intelligence, training and experience would use under like circumstances.


NOTE ON USE FOR 401.5


This instruction should be given, when applicable, immediately following instruction 401.4. This instruction is applicable when the claim involves negligence of a child occurring while that child is engaged in activities appropriate to a child of his or her age, experience and wisdom. This instruction may not be applicable when the claim involves negligence of a child occurring while he or she is engaged in an activity normally undertaken principally by adults and for which adult qualifications are usually required, such as operating an automobile, airplane, motorboat, or motorcycle, e.g., Medina v. McAllister, 202 So.2d 755 (Fla. 1967).


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