Maryland Complaint regarding Negligent Supervision of Minor Child

State:
Multi-State
Control #:
US-PI-0302
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Word; 
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This form is a sample personal injury complaint alleging negligent supervision of minor child resulting in injury to child when child fell off stool.
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FAQ

Under Maryland law, in a lawsuit against a minor, the parent or guardian will defend the action. If the minor lacks both, the minor's ?next friend? will represent them. If the parent or guardian fails to represent the minor, Maryland law allows the court to order the parent or guardian to do so.

The failure to give proper care and attention to a child, leaving a child unattended where the child's health or welfare is harmed or a child is placed in substantial risk of harm. An act or acts involving sexual molestation or exploitation whether physical injuries are sustained or not.

The Statute of Limitations for Minors in Maryland Basically, kids have three years after reaching the age of majority to file a lawsuit.

A minor (i.e., a person under the age of 18) has the same capacity as an adult to consent to medical or dental treatment if minor: 1) Is married; 2) Is parent of a child; 3) i) Is living separate & apart from minor's parent, parents, or guardian, whether with or without consent of minor's parent, parents, or guardian; ...

If you are 12 years of age or older, you have the same capacity as an adult to consent to consultation, diagnosis and treatment of a mental or emotional disorder by a physician, psychologist or a clinic.

By default, in the state of Maryland, you have a period of three years after the act which caused you the harm to file a civil lawsuit. (The clock usually starts running on the date you were harmed, but not always: see below regarding an exception.)

A breach of duty occurs in cases when the responsible guardian or caregiver failed to give the child the proper attention and supervision required.

In Maryland, Article 26 § 71A of the Md. Annot. Code proVides for the recovery from parents for dam- ages "willfully or maliciously caused or committed by the minor child of such parent." Recovery is allowed not only for property losses, but also for medical expenses. There is a $1,000 limitation on parental liability.

But broadly speaking, there are 4 types of neglect. Physical neglect. A child's basic needs, such as food, clothing or shelter, are not met or they aren't properly supervised or kept safe. Educational neglect. A parent doesn't ensure their child is given an education. Emotional neglect. ... Medical neglect.

Reports of child abuse or neglect are to be reported to the local Child Protective Services agency or the appropriate law enforcement agency where the abuse took place. If the location is unknown, report to Child Protective Services in the locality where the disclosure was made and follow its instructions.

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Maryland Complaint regarding Negligent Supervision of Minor Child