Any party who is required to provide a legal standard of care for a dependent or subordinate, such as a child, elderly person, or employee, must uphold their duty of care. Otherwise, they may face serious civil consequences. This legal principal falls under the category of negligent supervision, within personal injury law.
Continue reading to review some frequently asked questions about negligent supervision and how it pertains to tort law.
Frequently Asked Questions About Negligent Supervision
What is Negligent Supervision?
Personal injury cases arise when one party’s negligent action or inaction is the responsible cause another party’s injury and subsequent losses. When a mandated caregiver provides inadequate supervision or management over their charge, and as a result their charge is seriously injured, they could face a negligent supervision lawsuit. This tort law also applies to employers and employees. If an employer does not take the proper steps or precautions to ensure safety standards at the workplace, and as a result, an employee or customer is injured, they can be held liable for all damages resulting from the accident, subject to worker compensation law limits.
Who is Protected Under Negligent Supervision Laws?
Most negligent supervision cases surround children, elderly persons, and employees. They can also involve anyone else in long-term medical care, whether in-home or at a facility. Children who are under the care of daycare staff, school bus drivers, teachers, coaches, instructors, nannies, babysitters, and any other authority in charge of looking after their safety and well-being can become victims of negligent supervision.
Elderly individuals and those who suffer from severe mental or physical challenges are also common victims of negligent supervision. These victims are generally in a long-term care or treatment facility, or in the care of an at-home nurse or orderly.
Employers can also be guilty of negligently supervising their staffs. Employers are responsible for ensuring that their staff is properly adhering to all company policies, regulations, and safety standards. They must also ensure that they themselves are avoiding harmful or wrongful behaviors, plus preventing any wrongful actions of their employees.
What are Some Examples of Negligent Supervision?
A nanny is hungover from the night before and falls asleep on the couch. As a result, the child in their care wanders outside and gets hit by a car.
Parents allow their teenagers and friends to consume alcohol under their roof. As a result, a kid gets alcohol poisoning or into a serious car accident after they leave.
A daycare attendant fails to lock up a toxic cleaning solution as protocol requires. As a result, a child ingests the chemicals and suffers serious or fatal injuries.
A teacher heading detention leaves the classroom for a period of time without having another teacher cover for them. As a result, a fight occurs among students that causes serious injury to another student or teacher.
High school or college coach turns a blind eye to locker room hazing, and as a result, a teammate gets seriously injured or killed.
How Do I Prove That a Party is Guilty of Negligent Supervision?
There are 4 key elements that must be present for a valid negligent supervision case. First, the individual must have had a duty of care to supervise the victim. Second, the individual must have failed to properly supervise the victim. Third, the individual’s failure to supervise led to the victim’s harm. And fourth, the incident that caused harm to the victim must have been a foreseeable event might happen that any reasonable person could anticipate and prevent with proper supervision.
Where Can I Get Trusted Guidance for a Negligent Supervision Claim?
Cases vary in detail and jurisdiction, so it is important to discuss your state’s particular laws and procedures for negligent supervision with a seasoned Indianapolis personal injury lawyer. They can determine your case’s strength and help you pursue legal action against them by filing a claim or lawsuit. If a judgement or settlement occurs, the defendant’s liability insurance carrier would have to pay it, subject to any insurance limits.
Are you ready to get in touch with a trusted negligent supervision lawyer who can help you get started on the right path toward financial justice? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.
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