When you trust someone to supervise your child or elderly family member, there is always a risk that something will go wrong, causing harm to your loved one. The law provides a remedy for injuries that occur in this scenario: someone who has a legal obligation to supervise others fails to do so responsibly. The legal remedy is known as a claim for negligent supervision. The most common types of negligent supervision are negligent supervision of children, negligent supervision of the elderly, and negligent supervision of employees. The greatest numbers of negligent supervision cases involve injuries to children.
There are two types of cases involving negligent supervision of children. First, you can sue if your child was hurt because of the inattention of a caregiver. Second, you can sue if you, your child, or your property was injured when other people failed to supervise a child. Negligent supervision of children can happen at a school, a daycare, a camp, a church, or a private home. People and organizations that could be held responsible for failing to properly supervise a child include:
Common examples of negligent supervision of children are:
Just as someone with the responsibility to monitor children may be sued if a child is injured because of inattentiveness, someone entrusted with supervising elderly persons also may be sued for negligent supervision. Negligent supervision of the elderly occurs most often in nursing homes.
Some common examples of negligent supervision of the elderly are:
When an employer does not take steps to ensure that its employees obey company policies, a case for negligent supervision may arise. In certain situations, company supervisors may be held responsible not only for their own wrongful behavior but also for the bad behavior of their employees.
Common examples of negligent supervision of employees include:
Whether your family has suffered harm from someone’s negligent supervision of children, the elderly, or employees, there are certain elements that all negligent supervision cases share.
First, the defendant must have had some responsibility to monitor the child, elderly person, or employee in question. Second, the defendant must have failed to properly supervise that person. Third, the person must have suffered damages because of the caretaker or employer’s inattention or carelessness. Fourth, the injury due to the supervisor’s negligence must have been foreseeable. This simply means that a reasonable person might have anticipated the injury occurring in that situation. If all these elements are met, you have the basis for a negligent supervision claim.