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.
Moving a flagpole near live electrical wires can be very dangerous. A Grayson County, Texas jury has awarded more than $15.6 million to the families of 3 victims of an accident that occurred while they were moving a flagpole in May 2017. The electrocution killed 1 and injured 2. The property manager of the apartment complex where the flagpole was located was found to be negligent for placing the flag pole too close to overhead power lines. See, An award of $15.6 million for 3 victims of electrocution.
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