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Hastings v. Seegars Fence Co.12/16/1997
nsequence of one's act is an essential element of proximate cause, though anticipation of the particular consequence is not required. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). While the usual test is whether "a person of ordinary prudence could have reasonably foreseen . . ." some injurious result from the unintended use of the product, id. at 107, 176 S.E.2d at 169; where, as in the present case, the actions of a minor child are at issue, the test of foreseeability is whether a child of similar "age, capacity, discretion, knowledge, and experience" could have foreseen some injurious result from his or her use of the product. See Hoots v. Beeson, 272 N.C. 644, 159 S.E.2d 16 (1968) (standard of care applicable to minor between ages of 7 and 14 years). Issues of proximate cause and foreseeability, involving application of standards of conduct, are ordinarily best left for resolution by a jury under appropriate instructions from the court. See Caldwell v. Deese, 288 N.C. 375, 218 S.E.2d 379 (1975). We hold this rule especially applicable where the conduct of a minor child is at issue.
Summary judgment is reversed and this case is remanded to the trial court for further proceedings consistent with this opinion.
Reversed and Remanded.
Judges EAGLES and TIMMONS-GOODSON concur.
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