Kentucky Complaint regarding Negligent Supervision of Minor Child

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Multi-State
Control #:
US-PI-0302
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Word; 
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This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
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FAQ

Examples of negligent supervision include: Failure to secure dangerous items (including guns, chemicals, weapons, poisonous substances, etc.) Allowing the child to use items unsuitable for children (such as equipment, vehicles, machinery, etc.)

Minors' Liability for Own Torts. A minor is responsible for his or her own torts. However, the court will often apply a more lenient standard. In determining tort liability for children, there are special rules, usually based on the age of the minor.

Minors engaged in adult activities, such as flying an airplane, driving a motor vehicle or driving a motorboat, are held to the standards of an adult engaged in such activities. Many states apply the ?Rule of Sevens.? Under this standard, a child under the age of seven is presumed to be incapable of negligence.

In California, children under the age of five are legally incapable of contributory negligence because they are too young to have the judgment to take care to avoid injury to themselves.

In California, children under the age of five are legally incapable of contributory negligence because they are too young to have the judgment to take care to avoid injury to themselves. Thus, even if they are partially at fault in an accident, their recovery amount will not be reduced.

Negligent supervision is when someone who has a legal responsibility to supervise others fails to do so in a responsible manner. This can include a wide range of supervisors, including babysitters, daycare providers, teachers, camp counselors, coaches, nannies, and church youth group leaders.

Abuse or Neglect in Kentucky Law Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child, including, but not limited to, parental incapacity due to alcohol and other drug abuse.

Under the Age of Seven. Legally, a child under seven years of age is conclusively presumed to be incapable of negligence, meaning the child cannot be held liable for any contributory negligence regardless of how intelligent the child might be.

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Kentucky Complaint regarding Negligent Supervision of Minor Child