Issue: What impact does a plaintiff’s age have on any contributory negligence in an accident case?
| Area of Law: | Personal Injury & Negligence |
| Keywords: | Contributory negligence; Age |
| Jurisdiction: | Minnesota |
| Cited Cases: | None |
| Cited Statutes: | None |
| Date: | 11/01/2012 |
In general, the age of the plaintiff does not defeat a defendant’s claim of contributory negligence. Toetschinger v. Ihnot, 250 N.W.2d 204 (Minn. 1977). However, because a person’s negligence is measured by the standard of care expected of others in similar situations, the person’s age does impact contributory negligence. “[A] minor is required to exercise only the degree of care and vigilance which reasonably may be expected of one of his age and mental capacity under similar circumstances.” Pettit v. Lifson, 57 N.W.2d 34, 38 (Minn. 1953).
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