Question
Facts: David, who is fifteen years old, went camping with friends at a state park. On their third day, one of his friends told the
Facts:
David, who is fifteen years old, went camping with friends at a state park. On their third day, one of his friends told the group about a cove located about sixty yards from their campsite. David and the others took a boat to the cove about 7:00 pm.
At least fifteen people were swimming and wading in the cove.One of David's friends dove into the cove and swam away unharmed. David then dove into the water, hit his head on a ledge or sandbar below the surface, and is permanently paralyzed.
David had never seen the cove before he dove into it and did not check the depth of the water before diving into it because he saw his friend dive in without harm.Also, David noticed that others had evidently used the diving spot before as there was a "well-worn" path leading up to it.
He is an accomplished swimmer and testified in his deposition that he would not have dived in without checking the depth of the water if he had seen any signs prohibiting diving or seen warnings of any kind posted in the area or at the park entrance.
QUESTION:
The Restatement of Tort (second) section 291, under Comment c , David would be considered a minor since he is only 15 years old, would he be considered to conform to the standard of a reasonable man?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started