When caregivers are negligent and a child is hurt as a result, the parents of the child can hold the careless individual liable.
Daycare is a very convenient option for parents that need to go to work and cannot care for their minor children. As a child gets older, they start attending school to receive an education. In both of these instances, parents trust that caregivers and teachers are providing their child with proper supervision so their child does not become injured.
Unfortunately, that supervision is not always provided and children do become hurt. In the most tragic of cases, a child may even suffer a wrongful death. You can hold caregivers liable when your child is hurt as a result of negligent supervision, and a South Texas injury lawyer can help.
What is Negligent Supervision?
Negligent supervision is a type of tort action that involves children and the individuals entrusted to care for them. When the staff members at daycares, child care centers, and schools do not properly supervise children, it is considered a negligent action and they can be held liable if a child becomes injured.
Due to the fact that it was negligent supervision that caused a child to become hurt, you must prove a staff member was negligent. There are four elements of proving negligence and they are as follows:
- Duty of care: You must prove the caregiver owed your child a duty of care. For example, staff members at a daycare center have a duty of care to supervise your child. If another parent was there to pick up their child while yours became injured, they do not necessarily owe you a duty of care.
- Breach: You must prove a staff member breached their duty of care or acted negligently by not properly supervising your child.
- Causation: You must prove it was negligent supervision that caused your child to become hurt.
- Damages: You must prove your child suffered damages, such as an injury that required medical care.
Proving each of these elements is not easy, which is why it is important to work with an injury lawyer in South Texas that can prove each element.
Examples of Negligent Supervision
Any time a caregiver does not properly supervise children, it is considered negligent supervision. Some of the most common examples of negligent supervision include:
- Failing to safely secure items that are dangerous, such as bookshelves
- Failure to keep children from dangerous situations, such as heavy traffic, hot stoves, and swimming pools
- Failure to keep children away from equipment they should not use
- Failure to protect a child from physical abuse, either from another staff member or another child
Any time a daycare provider, school official, teacher, coach, babysitter, or anyone else entrusted to care for a child is negligent in their supervising duties, they can be held liable.
Call Our Child Injury Lawyer in South Texas Today
If your child has been hurt because they were not properly supervised, our South Texas child injury lawyer at the Law Office of Raul A. Guajardo can assist with your claim. Call us today at 956-318-3200 or fill out our online form to schedule a consultation.