Negligent Supervision Accident and Injury Attorneys, Negligent Supervision Image

Negligent Supervision Accident and Injury Attorneys

Negligent Supervision and Childcare in America

America has become a country where two-income households are the norm, where single parents are striving to provide the highest standard of living they can for their child or children. Even households with a stay-at-home-mom often need a little childcare help on a week-to-week basis.  Because of this, the number of situations where parents must put their trust in others to provide care for their children continues to increase.

The most common situation where a parent trusts a stranger to ensure the safety of their child is public or private schools.  Most schools provide care for at least seven hours a day, with direct care for the child shifting between teachers, teacher’s assistants, playground staff, cafeteria staff, and other school personnel.  Each of these staff people must be competent and well-trained to tend to the wefare of the students.

School is not the only situation where parents place this level of trust.  Other common childcare situations include:

  • Church Sunday schools and youth groups
  • Daycare and preschool
  • Camps, including weekend camps, summer camps, and day camps
  • Employment of nannies, babysitters, and other in-home caregivers
  • Coaches for sports or authority figures in other organized play situations

As the list above makes clear, there are a multitude of situations where your child’s care and safety is dependent upon another adult.  In these situations, it is reasonable to expect “adequate supervision.”

Adequate Supervision

When another individual takes responsibility for the supervision of your child, there are certain reasonable expectations you can make regarding the level of supervision your child will receive.  Though not expressly delineated in certain states, and with different parameters in different jurisdictions, it is reasonable to expect the supervising adult will provide a level of supervision consistent with the need of the child.  This means that the child’s capabilities will be the central governing factor in determining the level of supervision necessary.

There are a variety of factors regarding the child’s capability that bear on adequate supervision, including:

  • The age of the child, as younger children as a general rule require more direct supervision
  • The potential dangers of the environment and activity; children are more likely to suffer injury on playground equipment than in the lunch room, and loading a school bus in a busy parking lot is significantly more dangerous for children than working on math problems
  • Interpersonal relationships; if the child is known to be the victim of bullying, an expectation of closer supervision is reasonable
  • Developmental disabilities; children with a developmental disability often require closer supervision than other children

This is not an exhaustive list.  There are many other factors that can play a determining role in what level of supervision is appropriate.  The key concept is that, when we are trusting another individual with care of our child, we are trusting them to take all reasonable steps to prevent injury from occurring.

Negligent Supervision Accident and Injury Prevention

As a parent or guardian, there are steps you can take to limit the likelihood of an injury occurring due to negligent supervision.  These steps are generally the same regardless of the situation, whether it be football practice, daycare, or church camp.

The first thing you can do is meet the people who will be taking care of your child.  Never hesitate to ask questions.  The more you can get a person to talk, the better you can understand that person’s personality and priorities.  Speak to the person in charge, but also speak to the people who will be working directly with your child each day.  When you speak with the person in charge, make sure you ask about things like background checks for employees and what safety protocols are in effect.  When speaking with the people providing direct care, ask them their normal routines and what they do to make sure kids are safe.  The people providing care shouldn’t be angry you are asking questions.  They should be thankful you are taking an active role in your child’s safety, and if you help them discover and correct an issue that is to everyone’s benefit.  This is also the opportunity to ask if there is any type of remote monitoring available, such as webcams you can watch from work or home to see how your child’s day is going.

The second thing you can do is tour the facility.  For sports practice this is pretty simple, as a walk around the field will reveal a great deal of information regarding the safety of the area.  A coach or other caregiver should be mindful of the safety of the environment.  For schools and camps this can be a much more time-consuming endeavor, but it is often well worth it if you discover a potential issue before anyone is hurt.  If possible, try to tour the facility while it is in operation.  Observe the children and the playground monitors during recess.  See for yourself how the daycare providers work with the children.

The third thing you can do is stay active in making sure things are safe.  When you pick your child up from school (or when you see them after work), ask lots of questions about how their day went.  Oftentimes you child will see or sense something that is dangerous, but not know exactly what or how to communicate.  Opening those lines of communication keeps everyone safer.  If you have the time, volunteer for a few hours in the Sunday School, or be a part-time assistant coach.  Maximizing opportunities to monitor the supervision your child receives helps keep your child safe, and it can also be personally rewarding.

Legal Help for Negligent Supervision Victims

Balancing work life and home life is never easy, and parents can feel a great deal of guilt and fear when trusting others with their children.  Parents do what they can to limit those feelings, and to insure their child is safe on a day-to-day basis, but there is only so much a parent can do.

If your child has been injured or suffered an accident due to negligent supervision, it can be difficult to know how to proceed as you wrestle with your own feelings regarding your child’s injury.  As important as it is to work through these emotions, it is equally important that you hold the negligent to account for the injury their negligence caused.  New York law firm Finz & Finz can help you build your legal case, asking the proper questions to determine exactly how the events played out.  Contact the Finz Firm now, toll free, at (855) TOP FIRM, or take a few minutes to fill out the FREE Negligent Supervision Case Evaluation Form.


Related News for Negligent Supervision

Gyms Are Not Protected From All Liability

December 13, 2018 | Finz & Finz, P.C.

A lawsuit filed in New York State is drawing attention to the liability that might be incurred by a gym or other organization providing exercise equipment and classes.  The filing by a Mount Vernon woman alleges that she was injured when other members of her workout group rolled a heavy tire onto her ankle.

Continue Reading: Gyms Are Not Protected From All Liability

Hazing an Ongoing Issue for Youth Sports

December 06, 2018 | Finz & Finz, P.C.

Hazing is back in the news as four Maryland teenagers face potential life sentences in a case involving sexual assault by football players on younger teammates.  The incident took place in a locker room before practice on Halloween. The incident mirrors those which have occurred across the country for at least dozens of years, though rarely have these situations resulted in criminal charges.

Continue Reading: Hazing an Ongoing Issue for Youth Sports

Recovery Facilities Failing to Provide Proper Patient Oversight

November 06, 2018 | Finz & Finz, P.C.

A report in USA Today is drawing attention to dangerous practices in alcohol and drug recovery facilities across the country.  As the opioid epidemic continues to ravage America, more and more for-profit facilities have sprung up to address the needs of people looking to detox and quit their dangerous addictions for good.

Continue Reading: Recovery Facilities Failing to Provide Proper Patient Oversight

World Suicide Prevention Day Drawing Attention to Increased Risk Factors

September 13, 2018 | Finz & Finz, P.C.

Each year, World Suicide Prevention Day occurs on September 10th, with the intention of drawing attention to what people can do to lower the risks of people they know taking their own lives.  The risk factors for suicide are well-established, with depression being one of the most common and causative.  Recognizing symptoms of depression in loved ones can literally save a life.

Continue Reading: World Suicide Prevention Day Drawing Attention to Increased Risk Factors

Supervision Key for Camp Safety

August 27, 2018 | Finz & Finz, P.C.

Summer camp is a time-honored tradition in many families.  Growing up, many parents spent days or weeks away at camp, and now those parents wish for their children to get those same opportunities.  Day camps are an option for children not yet able to spend the night away from family, and overnight camps can be a great opportunity for kids to learn new skills and develop friendships.

Continue Reading: Supervision Key for Camp Safety

Paying Attention to Food Allergies in Children

November 14, 2017 | Finz & Finz, P.C.

Multiple news agencies are reporting the story of Elijah Silvera, a 3-year-old boy who died at his nursery school after being fed a grilled cheese sandwich.  The young child suffered from a severe dairy allergy, and the cheese in the sandwich put him into anaphylactic shock.  Investigators are still at work determining whether or not the hospital could have done more to save him, but it is already clear the preschool badly mismanaged the situation.

Continue Reading: Paying Attention to Food Allergies in Children

Guidelines in Place to Protect Student Athletes During Extreme Temperatures

August 26, 2016 | Finz & Finz, P.C.

As we have seen the past few years, the weather can be quite unpredictable. Coming off the hottest July in history, and with winter only a few months away, New York State has updated its guidelines for public schools when the weather runs exceptionally hot or cold. This is to help coaches and other school officials whose responsibility is it to protect students against conditions such as heat exhaustion and frostbite.

Continue Reading: Guidelines in Place to Protect Student Athletes During Extreme Temperatures

Finding a Safe Summer Camp is a Priority for Parents

April 12, 2016 | Finz & Finz, P.C.

The weather in the New York area has not been very spring-like lately so thinking about plans for the summer may not seem like a priority. The warmer weather will be here soon enough though and parents will be scrambling to schedule activities for their children once school is done for the year. Two of the most popular pastimes of summer are day camps and sleepaway camps. The most important decision for parents is to choose a camp that makes the safety of their children its number one priority.

Continue Reading: Finding a Safe Summer Camp is a Priority for Parents

A Recess in Good Judgment: When Supervision Becomes Negligent

September 05, 2015 | Finz & Finz, P.C.


Continue Reading: A Recess in Good Judgment: When Supervision Becomes Negligent

Recognized Leadership