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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13184
Experience:  Experienced in multiple areas of the law.
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My wife left our 12 year old son at home alone with one of s

Customer Question

My wife left our 12 year old son at home alone with one of his friends. I have firearms in our home and we have an in ground pool out back. I was furious because of the exposed liability. We have some assets. I think it is a big mistake to leave someone else's child alone in your home without adult supervision.
Your thoughts?
Submitted: 10 months ago.
Category: Family Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I look forward to assisting you.

Texas has no specific laws on when a child may be left home alone unsupervised. However, I would agree that depending on the age of the child/children, maturity level, the hazards in the household and surrounding area, there is a great risk of potential liability. A child who is injured in your home through negligence/carelessness (such as lack of supervision) could leave you exposed to a lawsuit, and your policy may not cover a judgment that is awarded. While I think any potential suit would turn in part on such facts as the age and maturity of a child (e.g., would a 12 year old know to stay out of a gun safe or not to touch a gun? Would they know not to swim in the deep end of the pool if they're not a good swimmer), there's risk.

Failure to supervise a child may also be considered neglectful supervision. Neglectful supervision means "placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or substantial risk of immediate harm to the child."

Other factors should also be considered -for example, a neighborhood child bitten by a family dog could recover significant damages for negligence under a tough dog bite/dangerous dog law in Texas.

Bot***** *****ne -I wouldn't leave a neighborhood child of that age (personally speaking) alone because of the risk of liability and harm that may come to the child.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

Expert:  RobertJDFL replied 10 months ago.

Just following up with you to see if you had further questions or needed clarification about my answer?