CACI No. 412. Duty of Care Owed Children

Judicial Council of California Civil Jury Instructions (2020 edition)

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412.Duty of Care Owed Children
An adult must anticipate the ordinary behavior of children. An adult
must be more careful when dealing with children than with other adults.
New September 2003
Directions for Use
This instruction is to be used where the plaintiff seeks damages for injury to a
minor.
For standard of care for minors, see CACI No. 402, Standard of Care for Minors.
Sources and Authority
• “ ‘A child of immature years is expected to exercise only such care as pertains to
childhood, and all persons dealing with such a child are chargeable with such
knowledge. As a result, one dealing with children is bound to exercise a greater
amount of caution than he would were he dealing with an adult.’ [Citations].”
(Kataoka v. May Dept. Stores Co. (1943) 60 Cal.App.2d 177, 182-183 [140 P.2d
467].)
Schwartz v. Helms Bakery, Ltd. (1967) 67 Cal.2d 232, 240, 243 [60 Cal.Rptr.
510, 430 P.2d 68]; Hilyar v. Union Ice Co. (1955) 45 Cal.2d 30, 37 [286 P.2d
21].
• “A greater degree of care is generally owed to children because of their lack of
capacity to appreciate risks and to avoid danger.” (McDaniel v. Sunset Manor
Co. (1990) 220 Cal.App.3d 1, 7 [269 Cal.Rptr. 196], citing Casas v. Maulhardt
Buick, Inc. (1968) 258 Cal.App.2d 692, 697-700 [66 Cal.Rptr. 44].)
Secondary Sources
6 Witkin, Summary of California Law (11th ed. 2017) Torts, §§ 1136, 1137
California Tort Guide (Cont.Ed.Bar 3d ed.) § 1.19
1 Levy et al., California Torts, Ch. 1, Negligence, § 1.31 (Matthew Bender)
4 California Trial Guide, Unit 90, Closing Argument, § 90.88 (Matthew Bender)
California Products Liability Actions, Ch. 10, Trial, § 10.05 (Matthew Bender)
32 California Forms of Pleading and Practice, Ch. 364, Minors (Matthew Bender)
33 California Forms of Pleading and Practice, Ch. 380, Negligence (Matthew
Bender)
16 California Points and Authorities, Ch. 165, Negligence, § 165.120 (Matthew
Bender)
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