Legal Memorandum: Contributory Negligence Cases in MN

Issue: What impact does a plaintiff’s age have on any contributory negligence in an accident case?

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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