M Civ JI 13.08 Presumption That Child Under Seven Years Is Incapable of Negligence

You must not consider whether there was negligence on the part of [ name of child ], because, under the law, a child of [ his / her ] age cannot be charged with negligence.

Note on Use

This instruction may be used only when the plaintiff was under seven at the time of the occurrence. If there is a jury issue as to the child’s age, this instruction must be modified.

Comment

Before Michigan’s adoption of comparative negligence in Placek v Sterling Heights, 405 Mich 638; 275 NW2d 511 (1979), it was held that a child under seven cannot be guilty of contributory negligence. Baker v Alt, 374 Mich 492; 132 NW2d 614 (1965).

History

M Civ JI 13.08 is a revision of SJI 11.03. Amended September 1980.