Negligent supervision lawsuits generally surround injuries to children and elderly, but also employees and patients, depending on the circumstances. Continue reading to learn some common examples of how negligent supervision accidents might occur, who’s liable for such accidents, and what you can do as a victim or a loved one of a victim.
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People in certain roles have a legal duty to supervise and protect others in the most responsible manner. These roles usually includes parents and legal guardians of children, child care professionals, educational facilities, nurses, assisted living professionals, and more. If anyone with a legal obligation to look after individuals in these scenarios neglects their duty in a way that causes a victim harm, they can be held legally responsible for the damages and losses suffered at the hands of the victim and perhaps their extended families as well. The most common examples of negligent supervision cases include children, elderly, and employees. Below is a brief description of each.
➀ Kids and Minors
The most common type of negligent supervision case is one that involves injuries to children and minors, which includes kids between the ages of 0 months and 18 years. The types of roles that would assign a duty of care over children include parents and/or legal guardians, babysitters, nannies, daycare workers, youth group leaders, after school program directors, teachers, coaches, tutors, camp counselors, and more. While children are under the supervision of someone in a role listed above or one very similar, it is the person’s responsibility to ensure they are safe. If someone fails to properly look after your child, and as a result your child is seriously injured, you could file a negligent supervision claim and sue the care-taker in civil court.
Example Scenarios:
A nanny leaves an open bottle of cleaning solution on the table, and as a result, a child in their care ingests the toxic chemicals and suffers serious internal injuries.
Parents allow teenage kids and friends to consume alcohol, and as a result, someone gets alcohol poisoning or gets in a car collision.
A daycare attendant fails to pay attention to children while they are on the playground, and as a result, a child falls and suffers several orthopedic fractures.
A teacher fail to monitor students and a fight occurs that seriously harms another student.
Coaches turn their nose to locker room hazing, and as a result, a teammate gets seriously injured.
➁Assisted Living
Assisted living negligent supervision claims can involve a wide group of individuals, primarily elderly persons and chronically-ill or disabled patients. Those who might be held liable for any injuries or accidents to these types of individuals commonly include nurses, doctors, assisted living professionals, and more. Just like injuries to children, failing to properly look after guests in assisted living programs can result in a serious lawsuit.
Example Scenarios:
An assisted living nurse neglects to give patient their medicines, and as a result, serious injuries occur to the patient.
An assisted living nurse fails to supervise a patient while taking a walk outdoors, and as a result, the patient wanders off and is hit by a car.
An assisted living nurse fails to provide fundamental hygiene for a patient, and as a result, bed sores and other injuries occur to the patient.
➂Employees
When an employee is injured on the job, it typically falls under the workers’ compensation category; however, when an employer fails to maintain a safe work environment for their staff members, they can be held legally responsible for any damages and losses suffered as a result of an accident. Part of this duty is ensuring their employees adhere to all company rules and policies, meaning they can be equally responsible for their employee’s bad behavior.
Example Scenarios:
A supervisor turns their nose to sexual harassment, bullying, or threats of violence in the office.
A manager fails to prevent employees from carrying weapons, and as a result, a staff member is stabbed during a confrontation.
A company fails to properly train employees to use dangerous equipment and machinery, and as a result, an employee loses an arm or leg.
A manager fails to perform background checks on daycare employees, and as a result, hires a registered child molester and allows them to be unsupervised with children.
Key Elements of a Case
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 directly led to the victim’s harm. And fourth, the incident that caused harm to the victim must have been a foreseeable event that any reasonable person could anticipate and prevent with proper supervision.
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 you can trust.
Negligent Supervision Personal Injury Claims
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