id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-3370	Meyer, Tammy J.; Lansberry, Kyle A.	Recent Developments in Indiana Tort Law	1999	36	.pdf	application/pdf	15998	989	66	'^ To determine whether a duty to inspect exists, the court suggested that Indiana courts should instead focus on those factors explored in typical negligence cases, including: the relationship of the parties, the reasonable foreseeability of harm to the person injured, and public policy concerns. With regard to children, Indiana courts have generally established the following three tiered analysis, which holds a child to the exercise of care proportionate to the child's capacity: (1) children under the age of 7 years are conclusively presumed to be incapable of being contributorily negligent; (2) between the ages of 7 and 14 years of age, a rebuttable presumption exists that a child may be guilty of contributory negligence; (3) children over the age of 14, absent special circumstances, are chargeable with exercising the standard of care of an adult.^^ In Creasy, the Indiana Court ofAppeals determined that Indiana has likewise indicated a willingness to factor in an adult's mental capacity when determining whether to hold an adult person responsible for negligence.	cache/inlawrev-3370.pdf	txt/inlawrev-3370.txt