Main Content

Zittrain Torts Playlist Spring 2018

Ellis v. D'Angelo et al.

"The 4-Year-Old Bone Breaker"

Does a defendant's age alone justify adjusting his or her standard of care?

Plaintiff was hired as a babysitter for the 4-year old defendant. On the plaintiff’s first day of work, the defendant pushed the plaintiff violently to the ground, fracturing her arms and wrists. The defendant child was sued for both battery and negligence in harming the plaintiff.