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Generally, children are the exception to the reasonable person standard. They are not expected to behave as an adult would. A child's actions or inactions would be compared to other children of the same age and who share similar experiences.
Statutes of Limitations for Negligence or Recklessness / Medical Malpractice: 2 years from when an injury is ?sustained or discovered,? not to exceed 3 years from the date of the act. Conn. Gen. Stat.
Many states apply the ?Rule of Sevens.? Under this standard, a child under the age of seven is presumed to be incapable of negligence.
In California, children under the age of five are legally incapable of contributory negligence because they are too young to have the judgment to take care to avoid injury to themselves.
Connecticut has a modified comparative negligence law where the plaintiff can recover as long as they're not more at fault than the defendant(s) (not 51% or more).
The standard of care refers to the level of care a person or entity must exhibit to prevent others from harm. The standard of care comes into play in medical malpractice cases when a healthcare provider fails to provide the level of care a similarly-trained professional would have offered under the same circumstances.
In most cases, the standard of care is just that of the reasonable person, but in some cases, a different standard will apply. Children receive a lower standard of care than an adult based on how a reasonable child of the same age would act.
In California, the ?duty of care? refers to the legal obligation to use reasonable care to avoid injuring others.