New Mexico 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

Also known as "minors," those under the "age of majority" are considered incapable of making such decisions in the eyes of the law. The state of New Mexico recognizes the age of majority as 18. When a minor reaches that age, they are considered an adult.

2.13(K) of the New Mexico Administrative Code (NMAC): A person's age of majority begins on the first instant of his or her 18th birthday and a person who has reached the age of majority is an adult for all purposes not otherwise limited by state law.

Any person sixteen years of age or older may be declared an emancipated minor for one or more of the purposes enumerated in the Emancipation of Minors Act if they are willingly living separate and apart from their parents, guardian or custodian, are managing their own financial affairs and the court finds emancipation ...

The age of consent in New Mexico is 17 years of age. If an adult, or an individual who is over the age of 18, has sex with a minor between 13 and 16 years of age, that adult can be prosecuted for 4th-degree criminal sexual penetration.

A court may still order minors to pay for damages caused by their malicious or willful actions even if the minors are within the provisions of the Delinquency Act, i.e. if the child has committed a crime.

Section 30-6-1(B) NMSA 1978 criminalizes either intentionally leaving, even temporarily, or intentionally abandoning a child, but only under circumstances where doing so exposes the child to a risk of harm.

NEGLECT is defined as the failure of the caretaker to provide basic needs of a person, such as clothing, food, shelter, supervision, and care for the physical and mental health of that person. Neglect causes or is likely to cause harm to a person.

Negligent entrustment claim. ? To prevail on a negligent entrustment claim, a plaintiff must show that the defendant entrusted the vehicle to the plaintiff when defendant knew or should have known plaintiff was an incompetent driver, and plaintiff's incompetence caused the injury.

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New Mexico Complaint regarding Negligent Supervision of Minor Child