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Liability for child injuries at child care centers

Posted on:10/6/2014
Written By: Daniel Asara
When a child is injured due to the inattention or carelessness of the child care centers, then a claim of negligent supervision can be made. In other words, if your child gets hurted under the supervision of some other person, you can issue the claim for careless supervision. Negligent or careless supervision of the child happens, when someone accepts the responsibility to take care of your child, but your child gets injured because of the negligence or carelessness.


What you need to prove in a Negligent Supervision Case?

To make your case as negligent supervision, you have to prove variety of things that comes in the domain of negligence claims.

1.      You will need to prove that the person or the organization that you are suing had accepted the responsibility of taking care or supervising your child.

2.       You must proof that the caregiver didn't properly take care or monitor your kid. In proving this component of your claim, you will need to explain the correct level of supervision and the way the caregiver fell in need of providing it.

3.       You need to prove that your kid’s injury was caused by the supervisor’s failure to properly monitor your child.

4.      Finally, you must show that the injury to your kid was predictable.

Who can be held liable?

Anyone who agrees to supervise your child in your absence and the child gets injured then he/she can be held for carelessness or negligent supervision. The parties who can be responsible are:

  • day care providers
  • teachers
  • camp counselors
  • churches
  • babysitters
  • nannies, and
  • other parents

What type of supervision level is required?

Children require different level of supervision. The defensible level of supervision depends on a range of factors. Below mentioned are some of the factors and situations to consider:

  • Younger children need more supervision as compared to older children.
  • Children near a pool or a busy road need stricter observance than youngsters in exceedingly less risky surroundings.
  • A heightened level of oversight is required for a child with physical or mental disability.
  • Children with behavioral issues would require nearer observance.
  • Watching a wide range of youngsters needs an additional intense level of oversight.

Child to caregiver ratio: It is one of the most common causes of negligent supervision. It is the responsibility of the organization to carefully supervise the children and not to take more children than they can responsibly take care for. Because, if the child is injured or hurt due to the carelessness or lack of supervision, the concerned organization has to face the liability.

 

Was the Child’s injury Foreseeable?

Injuries that are being foreseeable are:

·          Young child left alone outside and gets kidnapped

·         A child drinks antifreeze kept in a kitchen

·         A baby locked in a car dies because of the overheating

·         A child suicides or shoots himself with an unsecured loaded gun

·         A blind child falls into a water pool and drowns

These are some of the injuries that are foreseeable as these are some of the injuries that can be prevented under the supervision of caregiver, if he/she properly monitors the children. All these injuries are caused due to the lack of supervision of the caregiver, and in all these cases you may consult or hire a lawyer for discussing the specific facts of your case & the laws in your state.


  
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