We know how worrying it can be to leave your child in the arms of someone new. Even if that person is a new daycare worker, babysitter, or even a family member. Even if you did all of your research and were certain nothing bad was going to happen, you can never really know for sure. Your child’s safety is the most important thing. When that safety is in jeopardy and results in an accident, you may be able to file a lawsuit against the negligent party.
According to the CDC, the most common injuries from children ages 0-19 include motor vehicle related accidents, drowning, and suffocation. They also stated that on average, 12,175 children under the age of 19 die every year because of an unintentional injury.
Who Could be Liable for Negligent Supervision?
There are various parties who could be liable for the negligent supervision of a child. Additionally, there are many different types of lawsuits that could occur if a party (typically the parent) chooses to sue for their child’s injuries.
It’s important to note that there are two different kinds of negligent supervision:
- When a child is harmed because of the lack of supervision or improper care from an adult
- When a child causes harm to another child because of the lack of supervision
In some cases, a parent may be sued for negligent supervision. This is especially common in cases where a child intentionally harms another child under the supervision of an adult. A parent may sue another parent (in cases where two parents share custody of the child) if the child is injured under the other parent’s care.
Other Family Members
Another family member may be sued if the child is harmed or harms another child under their care. As you usually wouldn’t sue your own family member, this is more common in cases where the child harms another child.
Teachers and School Officials
Many schools have parent’s sign waivers that prevent them from being able to sue if the child is injured on school grounds, however, if the child is directly injured because of a teacher or school official’s negligence, then there could be grounds for a lawsuit.
Nannies and Babysitters
Nannies and babysitters directly hired by the parents could be at-fault for any injury that occurs while the child is under their care, as well as any injury the child causes to another while under their care. Hiring a nanny or babysitter is a hard task. Therefore, it’s important to ask for lots of references when choosing someone to look after your child.
Daycare workers at all-day daycares and afterschool programs may be liable for any injury that occurs to the child or because of the child. In these cases, parents usually have to sign a waiver. However, if the injuries occur because of gross negligence, you still may be able to file a lawsuit.
Church leaders are often left alone with children while their parents are in a different room of the church, and are generally trusted members of the community. However, an accident could still happen under their supervision.
When you send your child to camp, whether it be day camp or overnight camp, you’ll likely be required to sign a waiver that prevents you from suing in the case of an injury. Just like in churches, schools, and daycares, there are exceptions to these waivers.
Examples of Negligent Supervision
Negligent supervision can manifest in many different ways, but some common examples of negligent supervision include:
- A babysitter or nanny leaves out a bottle of cleaning solution that the child ingests and becomes sick from. In more serious scenarios, the toxic chemicals could cause a severe reaction.
- A teenager’s parents allow their child and their friends to consume alcohol. And because of this, another child gets alcohol poisoning or even gets into a car accident.
- While playing on the playground, a child falls from the top of the play structure. This could be the fault of a daycare attendant for not paying attention.
- A common occurrence in high schools are fights. If a teacher doesn’t break up a fight, someone could be seriously injured.
Proving Negligent Supervision
When your child is injured because of negligent supervision, they may have serious injuries such as TBI or even spinal cord injuries. You may be devastated and angry about the mistreatment of your child, rightfully so. Hiring an attorney and getting your case started is the best way to receive compensation for damages and to help with your peace of mind.
To prove negligence, you must be able to prove that there was a breach in the duty of care that the negligent party had. First, you must prove that they had a duty to keep the child safe. Then you must be able to prove that that duty was breached, causing an accident to occur in which the child was injured. And finally, there must be actual damages associated with the injury. Examples of damages include medical bills or lost wages on behalf of the parent.
Contact a Minnesota Child Abuse Attorney
If your child has been injured because of negligent supervision, please contact the talented attorneys here at Sand Law. We’re ready and willing to help you build your case. We can help you get the compensation and justice that you deserve for your case. For more information, please contact us online, by using our chat box option, or by calling us at 651-291-7263.