Huebner Ex Rel. Lane v. Koelfgren
1994 Minn. App. LEXIS 710, 1994 WL 396138, 519 N.W.2d 488 (1994)
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Rule of Law:
A minor who is engaged in the handling of a firearm is held to the standard of care of a reasonable adult for purposes of determining negligence, creating an exception to the general rule that holds minors to a standard of care of a child of similar age, intelligence, and experience.
Facts:
- Ronald and Sharie Huebner invited 14-and-a-half-year-old Steven Koelfgren to help their family move to a new home.
- While moving items in the garage at the direction of the Huebners' son, Willie, Steven noticed a BB gun lying on top of some boxes.
- Steven picked up the gun, which he did not believe was a real or loaded weapon, and asked Willie what he should do with it.
- The gun then discharged, and the BB struck Willie above the eye, causing injury.
- Steven stated he did not know why the gun fired, as he did not pump it or touch the safety, but he acknowledged his hand was near the trigger.
- There was no evidence to suggest the gun could fire unless the trigger was pulled.
Procedural Posture:
- The Huebners, on behalf of their son Willie, sued Steven Koelfgren for negligence in a Minnesota trial court.
- At trial, the court instructed the jury to assess Steven's negligence using an adult standard of care, over his counsel's objection.
- The jury returned a verdict finding Steven 80 percent at fault and awarded Willie $45,000 in damages.
- Steven filed a motion for a new trial, arguing that the jury instruction misstated the applicable law.
- The trial court denied the motion for a new trial.
- Steven Koelfgren, as the appellant, appealed the trial court's denial of his motion to the intermediate appellate court.
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Issue:
Is a minor who negligently handles a gun held to an adult standard of care, rather than the standard of care for a child of similar age and experience?
Opinions:
Majority - Davies, J.
Yes. A minor engaged in handling a gun is held to an adult standard of care. The court reasoned that while the general rule holds children to a standard of care appropriate for their age and experience, exceptions exist for inherently dangerous activities. Citing Dellwo v. Pearson, which applied an adult standard to minors operating automobiles, airplanes, and powerboats, the court extended this exception to the handling of firearms. The court adopted the rationale from Dellwo that the public has a right to expect a single, adult standard of care for certain activities, especially where others cannot protect themselves from 'youthful imprudence.' It explicitly created a fourth exception to Minnesota's general rule, establishing that the adult standard of care applies to teenagers handling guns.
Analysis:
This decision significantly expands the 'adult activity' exception to the general standard of care for minors in negligence cases. By adding the handling of firearms to the list of activities requiring an adult standard of care (previously limited to operating motorized vehicles), the court lowered the bar for what constitutes such an activity. The ruling signals that courts may apply the adult standard to other inherently dangerous activities where the public cannot easily discern a participant's age and is vulnerable to their imprudence. This precedent strengthens claims against minors who cause harm while engaged in activities recognized as dangerous, shifting the legal focus from the child's subjective capacity to the objective risk posed by the activity itself.
