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Negligence by an Infant

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A child of tender years is probably not capable of Comparative Negligence under Hawaii law. Hawaii case law provides: "[a] child is only required to use the care appropriate to his age, experience and mental capacity." Grace v. Kumalaa, 47 Haw. 281, 386 P.2d 872 (Haw. 1963). [This parallels the Restatement of Torts which provides: "[i]f the actor is a child, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable person of like age, intelligence, and experience under like circumstances." Restatement 2d of Torts, section 283A.] In an old case - Ellis v. Mutual Tel. Co., 29 Haw. 604 (1927) - the Hawaii Supreme Court specifically found that a child of 5 years and 4 months does not have sufficient intelligence and background to be charged with Comparative Negligence. It is probable that this still remains the law of Hawaii.

 

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Accident Lawyer Hawaii

Law Offices of William H. Lawson
Kahala Avenue
Honolulu, HI 96816
(by appointment only)

Law Offices of William H. Lawson
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 671-7600

Pearl City, Aiea and Waipahu:
(808) 671-7600

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(808) 528-2525


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Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.





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