La Torre at para. The court explains that specificity is required in alleging the knowledge and foreseeability of the child's violent propensities. La Torre at para. General allegations based on the mental capacity of a young person are insufficient to state a cause of action. These factors are not defined by the court's opinion, thus leaving room for future litigation.
Many states have a parental immunity rule.
Some of those states have clear, unambiguous case law explaining the rule. Today the jury is to decide what an ordinarily reasonable and prudent parent would have done in similar circumstances, taking into account the parent-child relationship. In New Jersey, a court found that a third party could maintain an action for negligent supervision of a child by a parent only where the parent failed to curb a child with known dangerous propensities, or failed to supervise a child using or having access to a dangerous instrumentality.