- 28-Aug-2025
- Cyber and Technology Law
Visitation between parents is typically governed by custody agreements and the legal rights of both parents. However, during visitation, if a child is injured, questions of liability and responsibility may arise. In these cases, the extent to which parents may be held liable depends on the circumstances surrounding the injury, the safety measures in place, and whether negligence or recklessness was involved. Courts typically examine whether the parent or guardian providing care at the time of the injury exercised a reasonable standard of care to prevent harm to the child.
Every parent, whether custodial or non-custodial, has a duty of care to protect their child from harm during visitation. This means that the parent must take reasonable steps to ensure the child’s safety while under their supervision. If a parent fails to fulfill this duty and the child is injured as a result, the parent may be liable for the injury.
If the injury occurs due to the parent’s negligence (e.g., failing to supervise the child appropriately or allowing them to engage in dangerous activities), the parent may be held responsible for the injury. For example, if a parent allows a child to play unsupervised near a dangerous object, and the child gets injured, the parent could be found liable for negligence.
If a parent intentionally harms the child, this would go beyond negligence and fall under abuse. The parent would be legally liable, and this could also affect the custody and visitation arrangements.
The custodial parent (the parent with primary custody of the child) is typically responsible for ensuring that the child is safe during visitation with the non-custodial parent. If the child is injured during visitation and it is determined that the custodial parent did not properly vet the non-custodial parent’s ability to provide a safe environment (e.g., if they knew the non-custodial parent had a history of violent behavior or neglect), the custodial parent may bear some responsibility.
Similarly, the non-custodial parent (the parent who has visitation or limited custody) is responsible for the child’s safety during their time with them. If the child is injured while in the non-custodial parent’s care and it’s determined that the non-custodial parent failed to provide a safe environment, they may be liable. This could include failing to childproof their home, allowing the child to engage in risky activities, or failing to adequately supervise the child.
Several scenarios could lead to a parent being held liable if a child is injured during visitation:
If the environment the child is in during visitation is unsafe (e.g., the child gets injured because the parent’s home is poorly maintained or hazardous), the parent could be liable. For example, if a child is hurt because the non-custodial parent did not secure dangerous objects or unsafe areas in the house, this could be grounds for liability.
If a parent fails to properly supervise the child, and the child is injured as a result, the parent could be held liable. For example, if a parent allows a child to play outside unsupervised near traffic and the child is hit by a car, the parent could be held responsible for neglecting their duty of care.
If the child sustains an injury while in one parent’s care and that parent fails to provide appropriate medical attention (e.g., not seeking emergency care after an accident), they may be held liable for medical neglect.
In some cases, if the child is injured while on the premises of a parent’s home (e.g., in the yard or inside the house), the parent’s homeowner’s or renter’s insurance policy may cover the cost of the injury, depending on the circumstances. This coverage can be particularly important if the injury results from unsafe conditions on the property.
A parent’s liability for a child’s injury during visitation may depend on the laws of the state or jurisdiction where the visitation occurs. In some states, personal injury law may provide legal avenues for the injured child or the custodial parent to pursue compensation for medical bills, pain and suffering, and other damages resulting from the injury.
If an injury occurs during visitation and it’s due to the negligence of one parent, this could have serious implications for the custody arrangement. The parent who was responsible for the injury may face a modification of visitation or custody rights if the court finds that they failed to meet the child’s safety needs or endangered the child in any way.
If a child suffers an injury while visiting their father, who did not adequately supervise them near a pool, the mother could petition the court for a review of the visitation schedule. The court may decide to modify the visitation arrangement or impose conditions such as supervised visitation if the injury was deemed to be caused by the father’s negligence.
Emily, the custodial parent, has primary custody of her 8-year-old son, Jason. Jason goes to visit his father, Tom, during the weekend. While at Tom’s house, Jason falls off a bike and injures his leg. Tom had not properly ensured that the bike was in good condition, nor did he supervise Jason closely enough while he was riding.
Parents can be held liable for a child's injury during visitation if it is determined that they were negligent in providing a safe environment or in supervising the child. Liability may arise from unsafe conditions, failure to supervise, or medical neglect. While a parent’s legal responsibility depends on the circumstances, both custodial and non-custodial parents are expected to uphold their duty of care. If an injury occurs, the child may be entitled to compensation, and the custodial arrangement may be modified if the court finds the parent responsible for the injury.
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