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3.6-6  Standard of Care of Others in Relation to Children

Revised to January 1, 2008

A person is required to use greater care where the presence of children may be reasonably expected.  The question is whether a reasonably prudent person in the defendant's position, knowing what the defendant knew or should have known, would anticipate that harm of the same general nature as that which occurred here was likely to result.  In answering this question, you may take into account the tendency of children to disregard dangerous conditions.

Authority

Neal v. Shiels Inc., 166 Conn. 3, 11 (1974); Scorpion v. American-Republican, Inc., 131 Conn. 42, 46 (1944).

   


 

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