Child Injuries and Negligent Supervision

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Your child is vulnerable to many different types of accidents and injuries, not just physically, but emotionally and psychologically. As a child matures, their activities can become more dangerous as they participate in sports and social activities. While at play, school, camp or during travel, your child may have been injured because of negligent supervision or security, risks to his or her safety, or assaults made by adults or other children. Anyone who accepts responsibility for the care of your child while you are not present may be held liable for negligent supervision or sometimes, child endangerment, which is also considered a criminal offense.

Negligent Supervision Liability

Negligent supervision often becomes an issue when the child to caregiver ratio is too high. While it is impossible to prevent all injuries to children all of the time, schools and facilities that overload caregivers with more children than they can reasonably supervise create a dangerous situation in which it is difficult to prevent accidents. There are many ways a child can become injured, some of which include:

  • Improper supervision at school, especially during recess periods
  • Dangerous playground equipment can harm your child
  • Lack of seat belts on the school bus can result in serious injury or death
  • Another child may harm your child either accidentally or intentionally
  • Others may bully your child at school or on the school bus
  • Defective products can harm your child
  • Catastrophic event occurs while on the premises, such as a fire, an explosion or a chemical spill
  • Child is assaulted as a result of poor building security
  • They may be harmed by unsafe buildings and grounds due to disrepair or hurt by a falling object
  • May be involved in a motor vehicle accident where another parent is transporting them
  • Could be hurt while playing at a friends house
  • Could be the victim of a drunk driver while a passenger in a motor vehicle
  • May be a victim of a shooting accident as a result of an inadvertent hunting accident or the result of a random act in someone’s home
  • Your child may be injured while taking public transportation; i.e., bus, train, or airplane
  • May be the victim of medical malpractice when a negligent act or omission by a doctor, surgeon, or other licensed healthcare provider results in injury or death

Environment plays a part as well. Increased supervision is needed in certain settings such as swimming pools and in crowded public places.

Responsible Parties for Child Injuries

When you trust someone else to care for your child while you are not present, you expect your child to be taken care of, monitored closely, and that reasonably foreseeable accidents will be prevented. When others fail to protect your child from harm, one of the responsible parties could include:

  • Daycare providers
  • Nannies
  • Teachers
  • Schools
  • Churches
  • Babysitters
  • Camp counselors
  • Parents of other children

The negligent supervision of a minor child can occur almost anywhere a child is in the care of an adult. Each child may require a different level of care based on their age and development level.

Filing a Lawsuit

Failure to prevent a foreseeable injury by failing to monitor a child is negligent supervision. The younger the child, the more supervision the child will need. When another adult is responsible for injuries to your child, you may wish to file a lawsuit. It is important to keep in mind that each state has their own statute of limitations. The law limits the time in which a personal injury suit can be filed in order to seek compensation or damages on behalf of the victim.

How an Attorney Can Help

If your child is injured in a public or private place due to the negligent supervision of another person or employee, your child may be entitled to compensation for medical costs, pain and suffering and other losses. You should seek advice from an attorney who specializes in this field of law so they can evaluate your case and take it to court if necessary.

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