Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.
Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.
Negligent Supervision of Employees
Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.
Examples of Employee Negligent Supervision:
❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.
❖ An employer allows or ignores sexual advances or harassment of another employee.
❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.
❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.
❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.
❖ An employer allows a convicted child sex offender to be alone with minors.
As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:
➊ The defendant had a duty of care, or legal obligation to monitor the victim.
➋ The defendant failed to uphold their duty of care.
➌ The failure to uphold their duty of care caused the victim to suffer damages.
➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.
In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.
Indianapolis Negligent Supervision Lawyers
Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.