This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
Ohio Complaint regarding Negligent Supervision of Minor Child
State:
Multi-State
Control #:
US-PI-0302
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Negligent Supervision Of Minor Child?
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FAQ
?Negligent Supervision? holds a person or party responsible when someone they were required to supervise causes you harm. Under California personal injury law, a parent can be liable for the action of a child and an employer can be accountable for the harmful actions of any employee.
Breach of duty occurs when a person's conduct fails to meet an applicable standard of care. It is one of the four elements of negligence. If the defendant's conduct fails to meet the required standard of care, they are said to have breached that duty.
A breach of duty occurs in cases when the responsible guardian or caregiver failed to give the child the proper attention and supervision required.
Under California law, a minor child's parent or guardian is liable for any willful act of the child that results in injury or death to another person or harm to another's property. This is true as long as the parent or guardian has custody and control over the minor.
Examples of a Breach of Duty Some common breaches include: A driver who is speeding, texting while driving, and driving under the influence. A property owner who fails to fix dangerous conditions on their property. A doctor who provides substandard care and injures a patient.
In all 50 states, parents are responsible for malicious or willful property damage done by their children. In many states, parents may have responsibility for negligence in failing to supervise their children or in motor vehicle accidents. This is called civil parental liability because it's non-criminal.
Almost every state has some sort of parental responsibility law that holds parents or legal guardians responsible for property damage, personal injury, theft, shoplifting, and/or vandalism resulting from intentional or willful acts of their un-emancipated children.
To determine whether a defendant breached a duty, a jury will evaluate whether they acted reasonably before injuring the plaintiff. This is known as the ?reasonable person standard.? A jury compares the defendant's conduct to that of a reasonable person's in similar circumstances.