What is the duty owed by children aged 4-18?

• A. No duty
• B. Subjective duty based on intelligence, experience, and age
• C. Adult standard of care
• D. Strict liability

Answer: (B)

In negligence, a child’s duty of care is tailored to the child’s age, intelligence, and experience rather than the adult standard. For children aged 4 to 18, the duty is the same as that of a reasonably prudent child of similar age, intelligence, and experience. This means a younger child is judged by what a typical child of that age would do in the same situation, reflecting their limited experience and understanding of risk. It’s not about imposing the adult standard on a child, though for activities that are inherently dangerous and typically undertaken by adults, some jurisdictions apply the adult standard to that conduct. So the correct concept is that the duty owed is based on intelligence, experience, and age, i.e., a reasonable child of like age.