Neumann v. Shlansky

Brief Fact Summary.

Neumann sued Shlansky for negligence after being hit with a tee at a golf course.

Synopsis of Rule of Law.

A child engaging in adult activities are held to the standard of care of an adult.

Facts.

Neumann sued Shlansky for negligence after being hit with a tee at a golf course. The defendant was an 11-year-old at the time of the incident but played golf approximately three times a week. The defendant played better than most adults and the jury was instructed that Shlansky should be held to the standard of care to adults.

Issue.

Whether a child engaging in adult activities are held to the standard of care of an adult?

Held.

Yes. The defendant acted as an adult when he hit the plaintiff with a golf ball. It was not an error for the court to hold the defendant to the standard of care of an adult.

Discussion.

A child engaging in adult activities are held to the standard of care of an adult.