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.
Toddler at daycare injured in a dog attack in Riverside County, California. The injured infant received 180 stitches on her face, arms and stomach. It happened at a home being used as a daycare center on the mainland. The dog involved was a pit bull - which is probably the most dangerous breed of dog to humans. See, Pit bull attacked girl inside Hemet day care center
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