• 2004 - Measure of Duty of Minor to Exercise Care
  • C-2.20
    • Children And Minors
    • Negligence
    • Tort Liability
  • The duty to exercise ordinary care imposed upon a minor child is properly measured by what an individual of ordinary prudence of the child's age, capacity, intelligence, and experience would have done under the same or similar circumstances. Negligence, as applied to a minor child, is the doing of that which an individual of ordinary prudence of the age, capacity, intelligence, and experience of the child would not have done under the same or similar circumstances, or the failure to do that which such an individual would have done under the same circumstances. * * * * *
    • 12.1-03-01
    • Dimond v. Kling, 221 NW2d 86 (ND 1974)
    • In re Interest of JCS, 1997 ND 126, 565 NW2d 759
    • Kirchoffner v. Quam, 264 NW2d 203 (ND 1978)
    • McCullagh v. Fortune, 38 NW2d 771 (ND 1949)
    • Moe v. Kettwig, 68 NW2d 853 (ND 1955)
    • Rau v. Kirschehlman, 208 NW2d 1 (ND 1973)
    • Sheets v. Pendergrast, 106 NW2d 1 (ND 1960)
    • State v. Baumgartner, 2001 ND 202, 637 NW2d 14
    • State v. Deery, 489 NW2d 887 (ND Ct App 1992)
    • State v. Kelly, 450 NW2d 729 (ND 1990)
  • Notes: Some states hold that this rule does not apply to the minor driver of a motor vehicle, but North Dakota has rejected this view. Rau v. Kirschenman, 208 NW2d 1 (ND 1973).