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Negligent Supervision of a Child |
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Negligent supervision can lead to serious accidents, injuries, and death. It only takes a few seconds of inattention for a child to be lost forever. |
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| Author: Sara Goldstein |
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When you entrust your child into someone elses care, especially a professional caregiver, you expect adequate supervision to be an obvious part of the package.
What is Negligent Supervision?
Negligent supervision is the failure to prevent a foreseeable injury by failing to monitor a child. Adequate supervision must be determined based on an individual basis. Elements which indicate an elevated need for supervision include:
Known behavioral problems
Known developmental problems
Disabilities such as impaired vision, impaired hearing, physical or mental impairment
Age (younger children need more supervision)
High risk environments such as proximity to water or heavily trafficked roadways and public places
Caregivers should always have an established plan of immediate action should a child go missing. It is often the first few minutes, or even seconds, which can save a life.
Who is Responsible?
Negligent supervision can apply to anyone who accepts responsibility for the care of your child, including:
Teachers
Schools
Churches
Daycare providers
Nannies
Babysitters
Camp councilors
Parents of other children
When children are allowed to wander or are abducted due to negligent supervision, the caregiver can be held responsible. Assault by a third party is considered to be a foreseeable result of negligent supervision.
Child to Caregiver Ratio
Negligent supervision often occurs when caregivers are overloaded with too many children. Schools, churches, and daycare operators have a duty to limit the number of children they accept based on the available staff or hire more staff to accommodate the number of children.
Parents and caregivers have a duty to keep children from hurting each other. It is another natural fact that kids can and do hurt each other both accidentally and on purpose. It is not always foreseeable. However, some children have a history of violent or dangerous behavior which poses a known threat to the other children around them. Parents and caregivers have a duty to provide the level of supervision required to prevent these behaviors and injuries.
About Author
If your child has been injured or killed due to negligent supervision in Maryland, Virginia or Washington DC, please contact the experienced personal injury lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C.
Article Source:
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