This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
Tennessee 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
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.
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.
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.
A breach of duty occurs in cases when the responsible guardian or caregiver failed to give the child the proper attention and supervision required.
?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.
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.
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.