What is the test for contributory negligence in cases involving young children?
Nova Scotia, Canada
The following excerpt is from Marshall v. Annapolis County District School Board, 2009 NSSC 378 (CanLII):
The case of McEllistrum v. Etches, 1956 CanLII 103 (SCC), [1956] S.C.R. 787 deals with negligence and young children. At p. 793 it states: "It should now be laid down that where the age is not such as to make a discussion of contributory negligence absurd, it is a question for the jury in each case whether the infant exercised the care to be expected from a child of like age, intelligence and experience." (p. 793)
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