Posted: September 7th, 2017

In a rural part of the state, Dabir, age 6, took a lighter from the kitchen of his parents’ home and, intending to cook some food, went behind his neighbors’ bam to light a fire. He had seen his parents start fires and light candles. However, his parents had told him never to build a fire without adult supervision or close to buildings, and Dabir had never built a fire on his own. The fire burned under control for a few minutes and then Dabir attempted to put the fire out by dousing it with water, covering it with dirt and stamping on it. The next morning, Dabir’s neighbors discovered that their barn was on fire. The bam was badly damaged, and the neighbors sued Dabir and his parents. As the judge, you are asked to determine what standard of care the jury should apply to Dabir’s actions. Your best choice would be to ask the jury to use the following standard of care:

In a rural part of the state, Dabir, age 6, took a lighter from the kitchen of his
parents’ home and, intending to cook some food, went behind his neighbors’ bam to light
a fire. He had seen his parents start fires and light candles. However, his parents had told
him never to build a fire without adult supervision or close to buildings, and Dabir had
never built a fire on his own. The fire burned under control for a few minutes and then
Dabir attempted to put the fire out by dousing it with water, covering it with dirt and
stamping on it. The next morning, Dabir’s neighbors discovered that their barn was on
fire. The bam was badly damaged, and the neighbors sued Dabir and his parents. As the
judge, you are asked to determine what standard of care the jury should apply to
Dabir’s actions. Your best choice would be to ask the jury to use the following
standard of care:
A. A child of the same age, capacity, intelligence, and experience under the same or
similar circumstances.
B. A reasonably prudent person under the same or similar circumstances.
C. A person engaged in abnormally dangerous activities.
D. A reasonably prudent person with a similar physical disability.