North Carolina General Statutes 1-538.3. Negligent supervision of minor
(a) The parent or individual legal guardian who has the care, custody, and control of an unemancipated minor may be held civilly liable to an educational entity for the negligent supervision of that minor if the educational entity proves by clear, cogent, and convincing evidence that:
(1) The minor:
a. Violated the provisions of N.C. Gen. Stat. § 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 felony offense involving injury to persons or property through use of a gun, rifle, pistol, or other firearm of any kind as defined in N.C. Gen. Stat. § 14-269.2(b); and
b. The offense occurred on educational property; and
Terms Used In North Carolina General Statutes 1-538.3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(2) The parent or individual legal guardian who has the care, custody, and control of the minor:
a. Knew or reasonably should have known of the minor’s likelihood to commit such an act;
b. Had the opportunity and ability to control the minor; and
c. Made no reasonable effort to correct, restrain, or properly supervise the minor.
(b) In an action brought against the parent or legal guardian under this section for a false report, hoax, or possession of a bomb or other explosive device on educational property, the educational entity is entitled to recover the actual compensatory and consequential damages resulting from the disruption or dismissal of school or the school-sponsored activity arising from the false report, the hoax, the bringing or possession of a bomb or other explosive device onto educational property or to a school-sponsored activity. The total amount of compensatory and consequential damages awarded to a plaintiff against the parent or legal guardian pursuant to this subsection shall not exceed twenty-five thousand dollars ($25,000).
(c) In an action brought against the parent or legal guardian under this section, the educational entity is entitled to recover the actual compensatory and consequential damages to educational property that is the result of the discharge of the firearm or the detonation or explosion of the bomb or other explosive device. The total amount of compensatory and consequential damages awarded to a plaintiff against the parent or legal guardian pursuant to this subsection shall not exceed fifty thousand dollars ($50,000).
(d) For purposes of this section, the term “educational property” has the same definition as in N.C. Gen. Stat. § 14-269.2(a)(1), and the term “educational entity” means the board of education or other entity that administers and controls the educational property or the school-sponsored activity.
(e) Nothing contained in this section shall prohibit recovery upon any other theory in the law. (1999-257, s. 5.)