M Civ JI 10.06 Ordinary Care - Minor - Definition

A minor is not held to the same standard of conduct as an adult. When I use the words “ordinary care” with respect to [ the minor / [ name of minor ] ], I mean that degree of care which a reasonably careful minor of the age, mental capacity and experience of [ the minor / [ name of minor ] ] would use under the circumstances which you find existed in this case. It is for you to decide what a reasonably careful minor would do or would not do under such circumstances.

Note on Use

This instruction should not be used if the minor is engaged in an adult activity that is dangerous, such as driving an automobile. Constantino v Wolverine Ins Co, 407 Mich 896; 284 NW2d 463 (1979). See also the Comment following M Civ JI 10.02. In such cases, M Civ JI 10.04 or M Civ JI 10.05 should be used.

When a plaintiff is under age seven, use M Civ JI 13.08. No instruction is needed if defendant is under age seven.

Substitute name or other descriptive term for “the minor” when appropriate.

Comment

The degree of care to be exercised by a minor over age seven is that which a reasonably careful person of the same age, capacity and experience would exercise under the same or similar circumstances. Baker v Alt, 374 Mich 492; 132 NW2d 614 (1965); Tyler v Weed, 285 Mich 460; 280 NW 827 (1938); Easton v Medema, 246 Mich 130; 224 NW 636 (1929); Trudell v Grand Trunk R Co, 126 Mich 73, 78; 85 NW 250, 252 (1901); Baker v Flint & P M R Co, 68 Mich 90; 35 NW 836 (1888); Cooper v Lake Shore & M S R Co, 66 Mich 261; 33 NW 306 (1887); Daniels v Clegg, 28 Mich 32 (1873); East Saginaw City R Co v Bohn, 27 Mich 503 (1873); Hargreaves v Deacon, 25 Mich 1, 2 (1872).

If the child is under age seven, he or she cannot be guilty of contributory negligence. Baker.

If the child is under age seven, he or she cannot be guilty of negligence or intentional tort and the suit must be dismissed. Queen Insurance Co v Hammond, 374 Mich 655; 132 NW2d 792 (1965).

History

M Civ JI 10.06 was SJI 10.05.