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In the State of New York, the Court of Appeals has held that there is no defense available to insurance companies of “negligent supervision of a parent,” but the insurance companies will often make these accusations anyway in an effort to dissuade pursing the infant or child’s rights.

The injury claim belongs to the infant or child, not to the parent. However, because of youth, the parent or guardian must bring the claim on behalf of the child. At trial, the question is whether the infant or child acted any differently than any other child of the same age would have acted, and whether the defendant was negligent or careless or is liable under any other principle of law. There is no question submitted to the jury regarding the supervision of a parent.

If you have an infant or child who has been seriously injured, the experienced New York City Accident lawyer trial attorneys at Law Offices of William J. Maniatis are here to help. Contact us for a FREE consultation with no obligation or cost to you.

It is common knowledge that infants or young children to have a different point of view than older children and adults. Essentially, infants are helpless and need to be protected from the dangers and hazards of the worlds that they do not yet fully appreciate.

This is the reason why the law protects infants, specific examples include requiring products to be manufactured with various safety precautions, apartment buildings to be equipped with window guards, requiring traffic to stop in both directions for school buses, and laws requiring that recreational equipment be made with infant safety in mind.