The Standard of Care for Minors in South Carolina
When dealing with minors in tort, South Carolina recognizes the Restatement standard of “a child of like age, intelligence, and experience under like circumstances.” The seminal case in South Carolina is Standard v. Shine, 278 S.C. 337, 295 S.E. (2d) 786 (1982), which states:
Despite our previous holdings, the prevailing view in cases of both primary and contributory negligence of minors is that no arbitrary limits as to a minimum age should be set. The capacities of children vary greatly, not only with age, but also with individuals of the same age. Therefore, no very definite statement can be made as to just what standard is to be applied to them, § 32 Prosser on Torts (4th Ed.). Of course, a child of tender years is not required to conform to an adult standard of care. The Restatement (Second) of Torts § 283A suggests that a minor's conduct should be judged by the standard of behavior to be expected of a child of like age, intelligence, and experience under like circumstances.
What is the legal age in South Carolina to seek medical attention?
