Posted by Attorney Bruce Watson
When applied to children, it’s putting a child in grave danger due to negligence of a particular act. In the state of Massachusetts, it usually works under two different legal scenarios. The first is the act of creating the risk, and the second is not doing anything to prevent that risk.
Creating Substantial Risk
The first half of the Massachusetts reckless endangerment law needs to be proven in court before any injury claims may be made. Evidence needs to prove that the person who created the substantial risk to a child under 18 did it in a way that caused severe bodily injury. Those injuries could be from driving recklessly in a vehicle to sexual abuse.
Failing to Alleviate a Substantial Risk
The second half of the law needs proven evidence that the person causing the reckless endangerment didn’t do anything to prevent it from happening in the first place. This can sometimes fall under the scenario of someone responsible for the child’s welfare failing to take precautions to keep a child out of danger. It could be a nanny or even a parent who had a specific legal duty to make sure the child was safe, yet didn’t take the initiative. This negligence has caused severe bodily injury to a child.
If you have questions about reckless endangerment or believe a child may be a victim of reckless endangerment you should contact an experienced Massachusetts family law attorney immediately.