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104. Is the boy entitled to be judged according to the standard of care that he has argued for?
In a negligence action brought on behalf of the boy against the delivery company, the company contends that the boy was contributorily negligent and that his damages, if any, should be reduced in conformance with the jurisdiction's comparative negligence statute. The boy argues that his conduct should be judged according to the standard of a reasonable child of like age, intelligence, and experience under the circumstances.
An 11-year-old boy was driving a full-size motorcycle on a private road, where the boy was a trespasser. The motorcycle hit a tire that had fallen off a truck driven by a delivery company employee who was making a delivery to an address on the private road. The boy was injured when his motorcycle went out of control after striking the tire.
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B is incorrect. The boy's status on the land is not relevant to his negligence. The determination of whether he was a trespasser or guest would be relevant if the landowner's negligence was at issue.
C is incorrect. Whether comparative negligence applies does not impact the standard of care by which the boy's conduct will be measured.
D is incorrect. The boy was engaged in an adult activity and was not of «tender years» (the common law rule that a child under 7 years old is incapable of negligence), so he will be held to the adult standard of care.