What remedies can be pursued for negligence for injuries to unrestrained minor passenger in a car?

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?
08/05/2010   |   Category: Negligence   |   State: New Hampshire   |   #22836

Answer:

A claim for injuries and/or damages requires proof of liability. Grounds for a claim of liability can include negligence. A tort lawyer (personal injury lawyer) will be able to assert that claim in order to prove damages.

Negligent supervision is a tort that may apply in various contexts such as supervision of employees, children, or adults. Negligent supervision is a variant of the common law tort of negligence, therefore breach of duty is proven in the same way as other negligence cases. In some instances it is described as whether a reasonable person could have foreseen that injuries of the type suffered would likely occur under the circumstances.

A claim of negligent supervision is addressed by § 213 of the Restatement (Second) of Agency, which provides:

A person conducting an activity through servants or other agents is subject to liability for harm resulting from his conduct if he is negligent or reckless . . . in the employment of improper persons or instrumentalities in work involving risk of harm to others: in the supervision of the activity; or . . . in permitting, or failing to prevent, negligent or other tortious conduct by persons, whether or not his servants or agents, upon premises or with instrumentalities under his control.
Restatement (Second) of Agency § 213 (1958).

It may also be possible to make a complaint to law enforcement officials for them to investigate whether or not a criminal act of risk of injury to a minor occurred.

New Hampshire has enacted neither a primary nor a secondary seat belt law for adults, although the state does have a primary child passenger safety law that covers children under 18.
The laws in New Hampshire require all children under 5 who are less than 55 inches to be in a dhild safety approved restratint. All minors 6 through 17 years; younger than 6 who are at least 55 inches tall, do not have to be a child restraint but are permitted to be in an adult restraint.

There are fines applicable for violations of the restraint law.