State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-538_3

§ 1‑538.3.  Negligentsupervision of minor.

(a)        The parent orindividual legal guardian who has the care, custody, and control of anunemancipated minor may be held civilly liable to an educational entity for thenegligent supervision of that minor if the educational entity proves by clear,cogent, and convincing evidence that:

(1)        The minor:

a.         Violated theprovisions of G.S. 14‑49, 14‑49.1, 14‑50, 14‑69.1(c),14‑69.2(c), 14‑269.2(b1), 14‑269.2(c1), or committed a felonyoffense involving injury to persons or property through use of a gun, rifle,pistol, or other firearm of any kind as defined in G.S. 14‑269.2(b); and

b.         The offense occurredon educational property; and

(2)        The parent orindividual legal guardian who has the care, custody, and control of the minor:

a.         Knew or reasonablyshould have known of the minor's likelihood to commit such an act;

b.         Had the opportunityand ability to control the minor; and

c.         Made no reasonableeffort to correct, restrain, or properly supervise the minor.

(b)        In an actionbrought against the parent or legal guardian under this section for a falsereport, hoax, or possession of a bomb or other explosive device on educationalproperty, the educational entity is entitled to recover the actual compensatoryand consequential damages resulting from the disruption or dismissal of schoolor the school‑sponsored activity arising from the false report, the hoax,the bringing or possession of a bomb or other explosive device onto educationalproperty or to a school‑sponsored activity. The total amount ofcompensatory and consequential damages awarded to a plaintiff against theparent or legal guardian pursuant to this subsection shall not exceed twenty‑fivethousand dollars ($25,000).

(c)        In an actionbrought against the parent or legal guardian under this section, theeducational entity is entitled to recover the actual compensatory andconsequential damages to educational property that is the result of thedischarge of the firearm or the detonation or explosion of the bomb or otherexplosive device. The total amount of compensatory and consequential damagesawarded to a plaintiff against the parent or legal guardian pursuant to thissubsection shall not exceed fifty thousand dollars ($50,000).

(d)        For purposes ofthis section, the term "educational property" has the same definitionas in G.S. 14‑269.2(a)(1), and the term "educational entity"means the board of education or other entity that administers and controls theeducational property or the school‑sponsored activity.

(e)        Nothing containedin this section shall prohibit recovery upon any other theory in the law. (1999‑257,s. 5.)