This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
Wisconsin 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
In some cases, a parent may find themselves liable when a child causes personal harm to another person. This could result from a prank played on a neighbor that caused harm to a fight in the schoolyard. States may also set financial and other limits on the damages owed by a parent for personal injury caused by a child.
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.
In most states, parents are responsible for all malicious or willful property damage done by their children. This is called civil parental liability because it's non-criminal. The parent is obligated only to financially compensate the party harmed by his or her child's actions.
(a) Failure to assume parental responsibility, which shall be established by proving that the parent or the person or persons who may be the parent of the child have not had a substantial parental relationship with the child.
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.)
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.
Wisconsin parental liability law Wisconsin's parental liability for acts of minor children makes parents responsible for up to $5,000 in damages if there was willful, malicious or wanton behavior.