New Jersey Complaint regarding Negligent Supervision of Minor Child

State:
Multi-State
Control #:
US-PI-0302
Format:
Word; 
Rich Text
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Description

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

In California, the ?duty of care? refers to the legal obligation to use reasonable care to avoid injuring others.

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.)

Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child:(a) willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or ( ...

The standard of care refers to the level of care a person or entity must exhibit to prevent others from harm. The standard of care comes into play in medical malpractice cases when a healthcare provider fails to provide the level of care a similarly-trained professional would have offered under the same circumstances.

In most cases, the standard of care is just that of the reasonable person, but in some cases, a different standard will apply. Children receive a lower standard of care than an adult based on how a reasonable child of the same age would act.

Generally, children are the exception to the reasonable person standard. They are not expected to behave as an adult would. A child's actions or inactions would be compared to other children of the same age and who share similar experiences.

Many states apply the ?Rule of Sevens.? Under this standard, a child under the age of seven is presumed to be incapable of negligence.

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.

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New Jersey Complaint regarding Negligent Supervision of Minor Child