Robinson v. Lindsay

598 P.2d 392 · Washington Supreme Court · 1979

Facts

Kelly Robinson, 11, lost the use of her thumb in a snowmobile accident driven by 13-year-old Billy Anderson. After a jury found for Anderson, the trial court ordered a new trial, believing the jury should have been instructed on an adult standard of care for the minor driver. The case is an appeal from the order granting a new trial.

Issue

Should a minor operating a snowmobile be held to an adult standard of care, rather than the traditional child standard of care, for negligence purposes?

Holding

Yes, a minor operating a snowmobile is to be held to an adult standard of care. The court affirmed the trial court's order granting a new trial.

Rule

When a child engages in an inherently dangerous activity, such as operating a powerful mechanized vehicle like a snowmobile, they should be held to the same standard of care as an adult. This rule protects the public and discourages immature individuals from engaging in dangerous activities.

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