When you trust somebody to supervise your family member, there’s always a possibility that something could go wrong, result in injury to your loved one. Fortunately, the law offers a remedy for damages that take place in this situation: somebody who has a legal duty to supervise others is unable to do so sensibly.
This legal remedy is called a negligent supervision claim. The most common victims of negligent supervision are children, the elderly, and employees. The highest numbers of negligent supervision claims involve harms to children.
Negligent Supervision of Children
Negligent supervision of children has two types of cases. Firstly, you can file a claim if your child was injured due to a caregiver’s inattention. Secondly, you can file a claim if your child, your property, or even you were harmed when other individuals are unable to supervise a child.
Such negligent supervision can occur at a daycare, a school, a church, a camp, or a home. Organizations and people that may be held liable for failing to supervise a child properly include:
- daycare providers
- camp counselors
- church youth group leaders
- foster parents, and
Common cases of such negligent supervision are:
- injuries because of a daycare having insufficient staff to monitor kids properly on the premises
- caregivers unable to protect kids from the dangers of train tracks, traffic, animals, pools, or other environment dangers
- a child’s intake of toxic chemicals overlooked on a counter
- parents permitting teens to use dangerous drugs at parties
- an unintentional shooting following a child finds an unsafe gun
- kids playing with fire and starting a fire
- foster parents abandoning the child within their care
- a coach allowing a student to damage property
- a parent permitting a young child to operate a vehicle, and
- a daycare unable to monitor an aggressive child who harms children.
Negligent Supervision of the Elderly
Just as somebody with the duty to monitor kids may be prosecuted if a child is harmed due to inattentiveness, somebody assigned with supervising the elderly may also be prosecuted for negligent supervision. Such negligent supervision takes place most frequently in nursing homes.
A few common examples of such negligent supervision are:
- sores or infections because of a lack of hygiene care
- failing to stop dementia patients from roving off the premises
- injuries and falls due to a lack of management for fall-risk patients
- choking due to improperly-sized food, and
- overlooking physical or financial abuse.
Negligent Supervision of Workers
When an employer doesn’t take measures to make certain that its workers follow company policies, a negligent supervision case may arise. In particular situations, company managers may be held liable not just for their wrongful behavior but the bad conduct of their workers as well.
Common examples of such negligent supervision are:
- ignoring threats and violence in the workplace
- allowing one worker to harass another worker sexually
- failing to offer training and supervision when equipping workers with dangerous chemicals, weapons, or tools
- permitting a worker accused of sexual molestation to be alone with kids
- permitting an intoxicated worker to run machinery, and
- failing to screen a worker working from a satellite office or home who conducts scams.