FAQS About Negligent Supervision Personal Injury Cases

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.

Personal Injury Lawyers Indianapolis Indiana 317-881-2700
Personal Injury Lawyers Indianapolis Indiana 317-881-2700

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.

Related Posts:

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Common Examples of Negligent Supervision of Employees
Do You Suspect Neglect at Your Loved One’s Nursing Home?
Who’s Liable for a Drowning Accident in a Private Swimming Pool?

Who is Liable for Driveway Backup Accidents?

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Driveway backup accidents occur when a child is playing in the driveway, and a person unknowingly backs out of the driveway in their vehicle, causing serious injury or death to the child. Whether the gear was shifted into neutral and the vehicle rolls backwards, or the driver just didn’t see the child behind their car, some form of negligence is usually to blame.

The most common people involved in such accidents are homeowners, relatives, friends, and neighbors, since they are the ones most likely to be parked in or near the home of the child. But who is actually liable for driveway backup accidents? The guardians? The homeowners? The driver? Because such accidents vary in detail, assigning liability is not always so clear cut.

Guardians and Negligent Supervision

In most cases of driveway backup accidents involving child injuries, it is either the driver or the child’s guardian (parent, nanny, relative, sitter, etc.) who’s legally held responsible for any injuries or damages caused to the child. Under Tort law, parents or guardians can be considered guilty of negligent supervision, which occurs when a person is in charge of monitoring a child fails to do so, resulting in severe injuries or wrongful death to the child.

In the case that a child shifts a vehicle out of gear causing it to back over another child in the driveway, it can be the owners of the vehicle and the property who are alleged liable for the damages. These cases are tricky since it can also be the parents of the victim who are responsible for the accident.

Manufacturer Defects

Sometimes, the manufacturer of a vehicle can be held liable in driveway backup accidents. For example, if a vehicle is equipped with defective backup cameras and sensors that failed to sense a child behind it, and as a result a child was seriously injured or killed in a driveway backup accident, it could be a product liability case in which the manufacturer of the vehicle could be held responsible for the accident and subsequent injuries and losses to the family.

Criminal Action

Although rare, criminal action can be taken against the person or party responsible. They can possibly be charged with vehicular assault or involuntary manslaughter, depending on the circumstance of the case and the state in which the accident took place. Often times, a wrongful death or personal injury lawsuit is filed instead to collect compensation for hospital bills, medical expenses, pain and suffering, and more.

Indianapolis Child Injury Lawyers

Personal Injury Lawyers Indiana

Personal Injury Lawyers Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if your child was negligently injured in Indiana. Our seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience and can recover the full and fair compensation you deserve to get your life back to a functional state. And we do not collect attorney fees unless we recover for you! Call 317-881-2700 to schedule a free initial consultation with one of our Indianapolis child injury lawyers, today.

What is Negligent Supervision?

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

There are three primary cases of negligent supervision. They are cases that generally involve children, elderly, or employees. Although three separate circumstances exist, all cases of negligent supervision share the same principles. They all must prove that the negligent person was in fact responsible for monitoring the individual, whether child, employee, or senior citizen.

And all cases must prove that the negligent person failed to sensibly and dutifully supervise the individual. Also, all cases must prove that the negligent person’s failure to properly monitor the individual was a direct cause of that individual’s serious injury and damages. Last, all cases must prove that the accident or injury to the individual was foreseeable had proper supervision been used. Here are some examples of such cases:

Negligent Supervision of Employees Occurs If…

• 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.
• 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.

Negligent Supervision of Elderly Occurs If…

• A nursing home ignores financial and physical abuse by staff members, visitors, or guests.
• A senior citizen with dementia wanders off the property.
• A senior citizen that is at-risk of falling, falls and injures themselves due to improper monitoring.
• A senior citizen chokes as a result of unsuitably-sized food.
• A senior citizen suffers bed sores and other injuries as a result of poor or infrequent hygienic care.

Negligent Supervision of Children Occurs If…

• Parents allow teenagers to drink alcohol or use drugs at unsupervised parties.
• A child accesses matches and starts a fire.
• A child finds a gun and shoots themselves or another person.
• A child or minor is neglected while in foster care.
• A daycare fails to prevent a child that is known for aggression from harming another child.
• A daycare fails to retain appropriate staff numbers for effective child supervision.
• A parent allows an unlicensed minor to drive a vehicle.
• Babysitters, nannies, caregivers, or guardians fail to protect children from traffic, animals, ledges, pools, and other obvious hazards.

If you believe yourself or a loved one was a recent victim of a personal injury resulting from negligent supervision, contact a licensed and experienced accident attorney to discuss your legal options and your right to compensation. You or your loved ones may be able to collect remuneration for your damages.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys Indianapolis 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions about a recent accident or negligent case. If you believe you or your loved one has been a recent victim of negligent supervision, nursing home abuse, or other form of personal injury, contact our licensed accident attorneys right away to learn your legal options. Call 317-881-2700 and schedule a free initial consultation with an Indianapolis personal injury lawyer, today.