In personal injury cases, if a person or child is injured under the care of another, there might be claims of negligent supervision. Negligent supervision is a term that refers to the act of failing to responsibly watch over or take care of a child, person, or group of people. The most common victims of negligent supervision injuries and accidents are children and elderly, but really anyone can sustain a personal injury resulting from negligent supervision. Continue reading to learn more about negligent supervision claims, and who to call if you believe you or a loved one might have recently endured personal injuries as a result of this kind of carelessness.
When we hire a service or person to watch over, babysit, or care for a loved one, we don’t anticipate that something will go wrong, or that a loved one will be injured while under appointed care. Fortunately, the law does anticipate this scenario, which is why there are laws in place that protect individuals and families from such misfortunes. In the case that someone with a legal obligation to supervise your child or loved one fails to do so responsibly, like a babysitter or nursing home, they can be held liable for a victim’s injuries and damages. The law allows victims, or families of victims, to pursue a negligent supervision claim against the guilty party.
In the Case of Children
Most negligent supervision claims concern children. When it comes negligent supervision of children, there are two chief scenarios in which a claim would be considered valid. First, if someone legally obligated to watch a child and fails to do so, resulting in injury to the child, a claim might be valid. Also, if that person fails to responsibly supervise a child, and that child causes damage to itself, the home, or the property as a result, a claim is most likely valid. Common places for cases like this to arise are daycare facilities, youth camps, school, church, or a person’s home. Everyone from coaches and teachers, to babysitters, nannies, and more can be a negligent supervisor.
Cases involving the elderly and negligent supervision are tricky because if it happens in a nursing home, it is also a nursing home neglect case. In this same case, a third–party lawsuit might be necessary. Aside from nursing homes, there are several other instances when an elderly individual can become a victim of negligent supervision. Just like a child, if a person is appointed to take care of or watch over a senior citizen, and fails to do so responsibly, they can be held liable for the elderly’s injuries and subsequent damages.
As mentioned earlier, anyone aside from children and elderly can be victims as well. For example, employers have a responsibility to supervise their staffs and ensure everyone is practicing safe and healthy work ethic. If an employee is sexually assaulted by another during a time that these employees should have been supervised, the employer can be held liable for the victim’s damages and traumas. This also includes violent acts, threats, bullying, discrimination, and more.