Child Injuries As A Result Of Negligent Supervision

When it comes to child injuries, negligent supervision cases are the saddest because they are 100% preventable. Although some might view legal action in such incidents as taking advantage of a tragedy, it is only fair that the injured party receive compensation for the failures of the adults responsible that he/she had nothing to do with.

Who Might Be Responsible Parties?

Parents (the child's own)
Other childrens' parents (if the child was under their care at the time
School or day care during the time the child is entrusted to their care
Boy/Girl Scout Troop or other community activity leader

In short, anyone to who knowingly accepts responsibility for your child then has a "duty of care" to both the child and you to ensure his/her safety while the child is in their care. Any breach of that duty may entitle you and/or your child to compensation for whatever medical costs, pain, or suffering are accrued as a result.

How Do I Know If I Have a Case?

The law regarding child injuries varies from state to state, and since negligence cases are generally decided by a jury, what may be considered negligence in one may not be in another. However, in civil courts if the evidence favors the plaintiff (the one bringing the case)—the plaintiff wins. That means that if the jury believes that there is more than a 50% chance the defendant was negligent in an injury case, the plaintiff will win the case.

What Will I Have to Prove?

Usually, a plaintiff bringing a tort case (meaning: a civil wrong rather than a criminal one) must prove that none of the following apply in order to win a negligence lawsuit:

Consent. The injured must not have given consent for the action that resulted in injury. For example, a spectator at a baseball game that is hurt by a fly ball cannot hold the team or stadium liable for injury.
Contributory (or comparative) negligence. Means that to the degree the plaintiff is responsible himself for negligence, the damages paid to the plaintiff will be reduced by a similar degree. For example, if a school is 80% liable for negligence in a particular case, and the child is found to be 20% liable, the damages will be reduced by 20%.
Illegality. If someone is injured in the course of doing something illegal, then no damages will generally be awarded to a plaintiff.

Legal Disclaimer

Child injury and negligence laws vary from state to state. If your child has been injured and you believe the cause to be negligent supervision, you should see an attorney for legal advice on the best way to proceed.

Have a Personal Injury Case?