Full question:
My childcare provider neglected to put my 12 year old in a seat belt and instead chose to place him as well as 6 other children plus herself into a 5 passenger jeep. The jeep was T-boned and rolled over. My 12 yr old was ejected from the vehicle and my 2 yr old was trapped inside the crushed door, now the 2 yr old was properly buckled however her negligence on my 12 yr old is inexcusable. Both children miraculously had just scrapes bruises and minor swelling. My family lawyer is specialized in bodily injury and that area. However being a mother I need and want her to realize how much damage her actions could've have caused. Should I seek out a separate neglect specialized lawyer? I'm unfamiliar with the neglect area on this and am unsure if it would be included in a bodily injury specialist?
- Category: Negligence
- Date:
- State: New Hampshire
Answer:
A claim for injuries or damages requires proof of liability, which can include negligence. A personal injury lawyer can help assert this claim to prove damages. Negligent supervision, a type of negligence, applies in situations like this where a caregiver fails to properly supervise children. This is assessed by determining if a reasonable person could foresee that injuries would likely occur under the circumstances.
Negligent supervision is addressed by § 213 of the Restatement (Second) of Agency, which states that a person conducting an activity through agents is liable for harm if they are negligent in supervising the activity or preventing negligent conduct by others.
You may also consider reporting the incident to law enforcement to investigate if a criminal act occurred, as this could involve risk of injury to a minor.
In New Hampshire, there is a primary child passenger safety law that requires children under five who are less than fifty-five inches tall to be in a child safety-approved restraint. Children aged six to seventeen, or younger children who are at least fifty-five inches tall, can be in an adult restraint but are not required to be in a child restraint. Fines apply for violations of this law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.