The case of a Connecticut child, who suffered severe head injuries when he fell from a second-story roof, raises questions about civil liability when a person fails to supervise a child under their care. Connecticut courts have allowed for possible recovery on such a claim, in addition to any criminal penalties that may accrue. This sort of liability is of particular concern for children at daycare centers and other places where adults have responsibility over supervising children's safety.
A two year-old boy in Hartford suffered serious head injuries the afternoon of Monday, September 3, 2012, when he fell three stories. The child evidently opened a window and crawled onto a roof about twenty-five feet above the ground. A passerby reportedly found the child in the driveway of the apartment building “crying and stumbling,” according to the Hartford Courant.
Police knocked on the apartment door for several minutes before the child's mother's roommate, who was reportedly supposed to be taking care of the child, answered. The roommate allegedly told police that she had been up all night partying with friends, and had fallen asleep when the child crawled through the open window and fell. Police arrested the roommate and charged her with two counts of risking injury to a minor. The child was found to have suffered a skull fracture and cranial bleeding, but was in stable condition.
The following case is successfully handled in Connecticut courts by Attorney Levin.