How does the standard of care differ for children compared to adults when assessing negligence?

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In assessing negligence, children are evaluated based on a subjective standard that takes into account their age, experience, and intelligence. This standard recognizes that children do not have the same capacity for judgment and understanding of risks as adults do. Therefore, when determining if a child has acted negligently, the court considers the actions of the child in light of what other children of the same age and maturity would likely have done in similar circumstances.

This subjective approach acknowledges that the expectations for a child's behavior are different from those for an adult, reflecting an understanding that children are still developing their ability to assess risks and make decisions. Thus, while adults are held to a reasonable person standard, the negligence standard for children is based on what is deemed appropriate for their developmental stage, ensuring a fair evaluation that considers their unique perspective. This contrasts sharply with holding children to the same standard of care as adults, which would be inappropriate given their differing capacities.

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