Canadian Accredited Insurance Broker (CAIB) One Practice Exam

What legal status applies to children entering a premises?

1. They are treated as trespassers

2. They are always invitees

3. They are protected by law

4. They have no special legal standing

The correct answer is: They are protected by law

Children entering a premises are afforded a special legal status that primarily stems from the concept of 'duty of care' owed by property owners. In many jurisdictions, the law recognizes that children may not fully understand the risks associated with entering certain properties, which can affect their safety. This recognition provides children with protection under the law. Property owners, in this context, have a heightened duty of care to ensure that their premises are safe for children, especially if there are known hazards or attractive nuisances that could lure children onto the property. This legal protection acknowledges that children may not possess the same level of judgment and understanding as adults, thereby necessitating additional safeguards. In contrast, treating children as trespassers does not apply because this option would imply that they are unlawfully present. Being classified merely as invitees offers a status that carries specific rights and duties but does not fully encompass the unique protection that children require. The notion that children have no special legal standing overlooks the established legal principles designed to protect minors in situations where their safety could be compromised.