This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
Colorado Complaint regarding Negligent Supervision of Minor Child
State:
Multi-State
Control #:
US-PI-0302
Format:
Word;
Rich Text
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How to fill out Complaint Regarding Negligent Supervision Of Minor Child?
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FAQ
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.)
Many states apply the ?Rule of Sevens.? Under this standard, a child under the age of seven is presumed to be incapable of negligence.
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 California, the ?duty of care? refers to the legal obligation to use reasonable care to avoid injuring others.
The standard of care refers to the level of care a person or entity must exhibit to prevent others from harm. The standard of care comes into play in medical malpractice cases when a healthcare provider fails to provide the level of care a similarly-trained professional would have offered under the same circumstances.
Generally, children are the exception to the reasonable person standard. They are not expected to behave as an adult would. A child's actions or inactions would be compared to other children of the same age and who share similar experiences.
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.
The defendant (person being sued) owns the vehicle or possessed it with the owner's permission; the defendant knew or should have known that the driver was incompetent or unfit to drive the motor vehicle; and. the driver's incompetence was a substantial factor in causing harm to the injured person.