The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
The actions of children are not judged by the same standard as adults. The relevant principles were set out in Honnor v Lewis:
(1) children below a certain age are unlikely to be found contributorily negligent—there is no fixed threshold but generally this includes a child under the age of ten years
(2) the correct test is whether a child’s conduct falls beneath the standard of a prudent and reasonable child of the same age
When considering the actions of children, a child aged ten or over is more likely to be found to have contributed to an accident by running into the road without checking for oncoming traffic than a younger child. Younger children tend to be more impulsive and have less awareness of road safety.
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