When we entrust the care of our children to others, we rightfully expect that our children will be well cared for and will not suffer injury or harm. Unfortunately, this is not always the case, and every day children sustain injuries because of the negligence or carelessness of professional caretakers. When this occurs, those charged with taking care of our kids or their employers may be held liable for any injuries that result. Liability can result from both physical and psychological harms, and potential damages available in a negligent supervision case can include both economic and non-economic losses. If you believe that you may have negligent supervision case against a caregiver, you should consult with an experienced injury attorney as soon as possible to determine whether and against whom you may have a claim.Who can be held liable for negligent supervision?
The list of potential parties that could be liable for negligent supervision is extensive, and includes anyone who could be considered a caregiver for your child. Some of the more common parties that are sued for negligent supervision include:
- Foster parents
- Bus drivers
- Other parents
- Scout leaders
Under the legal doctrine of respondeat superior, the employer of the individual who negligently supervised your child may be vicariously liable for any injuries sustained. This is often relevant as schools and other institutions often carry large insurance policies to protect themselves against claims of negligent supervision, ensuring that your losses will be adequately compensated.What kinds of incidents could be signs of negligent supervision?
As any parent would understand, unsupervised children have the potential to get into trouble in almost unimaginable ways. As a result, almost any situation in which caregiver inattention resulted in an injury to a child could result in a legal claim for negligent supervision. Some common examples include the following:
- Injuries related to water or pools
- Finding weapons
- Bumping into objects
- Falling down stairs
- Fights with other children
- Animal bites or insect stings
- Exposure to extreme heat or cold
- Sexual abuse
- Bullying or teasing
Of course, the level of care a caregiver is expected to give depends on the developmental characteristics of the child as well as the level of care promised. The fundamental question, as in any case involving negligence, is whether the defendant’s actions were reasonable considering the circumstances. This is often a very fact-specific inquiry, and an attorney can help make the case that the caregiver failed to comport with the required standard of care. As a result, it is important for people who are considering pursuing a negligent supervision claim against a caregiver to consult with an attorney who has experience in litigating such cases.Contact a Framingham negligent supervision attorney today for a free consultation
If you child has been injured due to the negligent supervision of a caregiver, you may be entitled to significant compensation. In addition to compensation for immediate injuries, a negligent supervision settlement or award may also provide for any ongoing expenses that may occur, such as treatment for any long-term psychological care. Massachusetts attorney Daniel Cappetta is a seasoned personal injury attorney who is dedicated to helping victims of negligent supervision and their families recover. Cappetta Law Offices has offices in Natick and Framingham, and serves all of Middlesex County and beyond. To schedule a free consultation with Mr. Cappetta, call our office today at (508) 969-9505 or contact us online.