What is the liability to a neighbor of a home day care business if a day care child is injured on the neighbor's property?

Answer 1

The child's parents should want to pursue a liability claim against any, and every party involved in the child's injury. The question as to whether the neighbor will ultimately be relieved of liability, because the child was first and foremost, in the direct custody of the day care business is a question for the court. If the child wandered onto the neighbor's property, there is a first a issue of negligent supervision that the day care center will need to defend themselves against. It is likely that the negligent supervision was the proximate cause of the injury. However, the lack of supervision might be seen as a contributing cause, if there was "conduct" on the part of the neighbor that also contributed to the injury. There are not enough facts in this question to really answer it.