Main Content
Scott v. County of Los Angeles
The plaintiff was a four-year-old child whose parents were both incarcerated. The plaintiff was put under the care of her grandmother, under the supervision of county workers. County workers failed to perform their mandatory supervisory duties and did not thoroughly investigate several reports on the grandmother's abuse of the plaintiff. The grandmother's abuse peaked in one episode, where she forcefully immersed the plaintiff's legs in scalding hot water for 30 seconds. The plaintiff suffered burn damage from the skin to the bone, nearly fatal infections of the legs, and permanent disfigurement and disability. The jury returned a verdict assigning 1% of the liability for the injuries to plaintiff's grandmother, and 99% of the liability to the county and its employee. How should courts apportion liability between entities that enable the plaintiff's harm through negligence (in this case, the county) and individuals that intentionally cause the harm (in this case, the grandmother)?
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.