Can an infant be found to be a contributorily negligent?
British Columbia, Canada
The following excerpt is from Gregorowicz v. Lee, 2010 BCSC 478 (CanLII):
I note that the defendant pleaded contributory negligence. I am satisfied, however, that an infant plaintiff, under the age of five, could not be found to be contributorily negligent. In so finding, I have in mind the discussion in Hixon v. Roberts, 2004 BCCA 335, concerning whether a child of tender years can be found guilty of negligence.
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