New york state law dating a minor
CAUSES OF ACTION i) Negligence Standards To set forth a claim in negligence, a plaintiff must prove a duty on the part of the defendant to protect the plaintiff from injury, a breach of that duty by the defendant, and that the plaintiff’s injuries were actually and proximately caused by the defendant’s breach of the duty.ii) Negligence Per Se A violation of a state or federal statute is negligence if it is proven that a) the defendant’s act, or failure to act, proximately caused the injury and b) plaintiff is in a class of individuals that was intended to be protected by the particular statute.In addition to being in the zone of danger, plaintiff must have an intimate familial relationship with the party who suffered the physical harm.The New York Court of Appeals has held that, under very limited circumstances, a bystander may recover damages for the emotional distress caused by observing serious physical injury or death to a family member.However, in New York, if a child is under the age of 21 and marries someone under the age of 21, and if the parents and spouses consent to the marriage, the parents are not relieved of the obligation to support the married child.However, if a child in New York under the age of 21 marries against the wills of her parents, the courts are very likely to declare the child emancipated.In addition, some states have unique minor emancipation laws, which are listed in this section.There are also resources for parents, including a guide to when and if their legal obligations to emancipated children continue.
See Section 5-4.1 of the Estates, Powers and Trusts Law.Under the Transportation Equity Act of 2005, an owner of a motor vehicle cannot be held liable for harm to persons or property that arise from the use, operation or possession of that vehicle if the owner is in the business of renting or leasing motor vehicles and there is no negligence or criminal wrongdoing by the owner. However, it has been held that such a duty to supervise does not extend to common and ordinary activities associated with the performance of the employee’s job.v) Negligent Infliction Of Emotional Distress A cause of action for negligent infliction of emotional distress is often referred to in New York as a “Zone of Danger” action because the observer-plaintiff must face actual risk of physical harm to recover damages.If the negligent act by the employee was outside the scope of his employment so that his acts constitute an abandonment of his service, and there was no expressed or implied consent by the employer for the employee to perform that act, there is no liability for the employer. The employer’s negligence consists of placing the employee in a position to cause foreseeable harm, which most probably would not have occurred had the employer taken reasonable care in the hiring of employees.An employee making a minor deviation from work-related activities is still acting with the scope of his employment for the purposes of for the negligent acts of the independent contractor. In New York, an employer may be liable for an employee’s conduct if the employee was not properly trained or supervised.