McHale v Watson

McHale v Watson concerned an action brought by the plaintiff, a young boy, against the defendant, another young boy, for injuries sustained when the plaintiff was struck in the eye by a dart thrown by the defendant. The incident occurred at a picnic attended by the families of both boys. The plaintiff alleged negligence on the part of the defendant. The case was heard in the High Court of Australia.

The central legal issue before the High Court was whether the standard of care expected of a child defendant in a negligence action should be that of a reasonable adult or a reasonable child of similar age, intelligence, and experience. The plaintiff argued that the defendant, despite his age, should be held to the standard of a reasonable adult.

Windeyer J, delivering the judgment, held that the standard of care applicable to a child in a negligence action is that of a reasonable child of the same age, intelligence, and experience. His Honour reasoned that it would be unjust to expect a child to conform to the standard of care of an adult, as children are not expected to possess the same foresight or judgment. The court found that the defendant, being a child, was not negligent in throwing the dart, as he had acted in a manner that a reasonable boy of his age, intelligence, and experience would have acted in the circumstances.

The appeal was dismissed, and the judgment in favour of the defendant was affirmed.