In the State of Florida and throughout the United States, children are often injured due to careless supervision. Florida public schools, private schools, daycare facilities, summer camps and caretakers have an obligation to supervise children properly. While these entities are not liable for every injury that occurs, they are responsible for any injuries to children that are caused by negligence.
To pursue legal action on behalf of an injured child, a parent has to have a valid cause of action. This refers to a legally recognizable claim against the at-fault party. In most instances, when careless supervision is involved, the case will generally be governed by principles of general negligence. For example, if a child is injured on the playground, a legal case can be pursued only if the plaintiff can demonstrate that the injuries resulted from negligent supervision.
Negligent supervision is a tort that may apply in a variety of contexts. Essentially, negligent supervision claims are lawsuits filed by parents whose children were injured when a teacher or caregiver failed to provide adequate supervision. For example, if a child is hurt by his or her classmate, the teacher may be subject to a negligent supervision lawsuit if it can be shown that the teacher failed to monitor the children properly and the harm was preventable.
Negligent supervision can also refer to a failure to control the child. That is, the adult knew or should have shown the child had to be controlled or protected and the adult failed to do so, which caused injury. Children are naturally curious and often try to climb on things or engage in other risky behavior. If the teacher fails to control or protect the child in this setting, and the child is injured, the teacher may be liable.
In the context of a school, daycare facility, summer camp or other caretakers – negligent supervision can be established by proving the following elements: i) the entity, teacher or caretaker had a duty to supervise the child in a reasonable way; ii) the entity, teacher or caretaker breached that duty by failing to act in a reasonable way under the circumstances; and iii) the entity, teacher or caretaker’s breach was the direct cause of the child’s injury. Damages must also be established in a negligence claim. Reasonable is defined as how a prudent or sensible person would behave in the same or similar circumstances.
If the above elements can be established, then the plaintiffs will be able to recover compensation for the child’s harm. The exact amount of compensation will vary depending on the facts of the case.
If a child is injured as a result of negligent supervision or care, an experienced Florida personal injury attorney should be contacted to discuss the child’s right to compensation. This is a complex and nuanced area of law, and having the right attorney on your side can make all the difference in your case. At the Law Offices of Robert Dixon, we proudly represent clients throughout Florida. With years of experience, we know how to handle virtually every type of personal injury claim. To learn more, contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.
More Blog Posts:
Documents Prepared in Anticipation of Litigation Not Discoverable in Florida Premises Liability Case, South Florida Injury Lawyer Blawg, March 9, 2015
Chain Reaction Accidents in Florida, South Florida Injury Lawyer Blawg, March 9, 2015
Causation Required for Compensation in Negligence Claims – Schwartz v. Wal-Mart, South Florida Injury Lawyer Blawg, February 26, 2015