This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
Pennsylvania Complaint regarding Negligent Supervision of Minor Child
State:
Multi-State
Control #:
US-PI-0302
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Negligent Supervision Of Minor Child?
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FAQ
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.
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.)
Simply put, negligence supervision is leaving a child, an elderly, disabled, or employee unsupervised, resulting in injury. The lack of proper supervision can result in different forms of injury, whether physical or emotional, that can lead to a lawsuit of negligent supervision.
Comparative Negligence in Child Personal Injury Cases Comparative negligence is a legal defense that places some of the blame for an accident on both parties. Therefore, for an adult, so long as their percentage of fault is below 50 percent, they will be able to recover compensation for damages per Pa. Stat §7102.
California law makes an employer liable for an employee's negligence, recklessness or intentional wrongful acts when the employer knew or should have known that the employee was a risk to others. This legal principle is called negligent hiring, negligent supervision, or negligent retention of an employee.
Negligent supervision, then, is a failure to provide the level of supervision that a reasonably careful person would under the same circumstances. A supervisor is negligent when: there was a duty to supervise. the supervisor failed to meet, or "breached," that duty.
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.