Robinson v. Lindsay
Facts:
Anderson, a thirteen-year-old boy, was driving a defendant Lindsay's snowmobile, pulling plaintiff Robinson, an eleven-year-old girl, on an innertube attached to the snowmobile. Plaintiff's thumb was detached by getting caught in the tow rope. It was reattached, but without full functionality.
Procedural History:
The jury gave a verdict for the defendant. Defendant appealed because the trial court failed to instruct the jury what standard of care a minor should be held to.
Issue:
Should a minor be held to the same standard of care as an adult?
Rule:
A child should be held to the standard of a reasonable child of their age unless the activity is a dangerous one, in which case, it should be that of an adult.
Reasoning:
Children will thus be free to enjoy childhood activities without liability. Operating a snowmobile is not a reasonable childhood activity and is too dangerous for a child.
Holding:
Yes, if his activity was an inherently dangerous one. Affirmed—new trial ordered.
Takeaway:
A child should be held to the standard of a reasonable child of their age unless the activity is a dangerous one, in which case, it should be that of an adult.