Question: Ignacio is an incredibly intelligent 9 - year - old child. He is top of his class and is poised to receive the coveted Little
Ignacio is an incredibly intelligent yearold child. He is top of his class and is poised to
receive the coveted Little Einstein Award. Ignacio is out shopping with his parents when he
notices a worker on top of a ladder with wheels on it Being a playful child, Ignacio walks past
several warning signs and pushes the ladder so that it starts rolling. As a result, the worker
falls and injures both legs and his hip. Which of the following is a likely outcome should the
worker decide to sue the child?
C
Ignacio would not be held liable because he did not intend to injure the worker.
Children under the age of lack capacity, so the worker would be unsuccessful in winning a tort
claim.
Because Ignacio is under age his parents would be held responsible under respondeat superior.
They should have known not to bring their child near a potentially dangerous work environment.
Ignacio could be held liable under the Negligence Per Se Doctrine, which states that Ignacio
automatically committed negligence when he put the worker in danger.
Because of Ignacio's knowledge and experience, as reflected in among other things his academic
success, Ignacio would be held liable under the subjective standard for a breach of duty to keep the
worker's working conditions free from danger.
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