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