Neumann v. Shlansky

Citation. 294 N.Y.S.2d 628 (N.Y. 1968)

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Citation294 N.Y.S.2d 628 (N.Y. 1968)

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.

Points of Law - Legal Principles in this Case for Law Students.

It is elementary in this State that an infant may be held civilly liable for damages caused by his tortious acts.

View Full Point of Law

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.