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5. If the customer brings an action, based on negligence, against the child, the child's best argument in defense would be that
An eight-year-old child went to the grocery store with her mother. The child pushed the grocery cart while her mother put items into it. The child's mother remained near the child at all times. Another customer in the store noticed the child pushing the cart in a manner that caused the customer no concern. A short time later, the cart the child was pushing struck the customer in the knee, inflicting serious injury.
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B is incorrect. This choice is both overly broad and not a defense. The child is not too young to be held liable in tort. Children as young as four have been found capable of forming a tortious intent.
C is incorrect. The child's mother can assert supervision of her child as a defense against a claim for negligence in the control of her daughter, but it is not available to the child herself.
D is incorrect. The customer did not expressly or impliedly and knowingly assume the risk that the child would push a cart into her. Entering the grocery store was not an assumption of the risk that she might be injured by a store cart.