Curious young children are often hurt because the people responsible
for keeping them safe and protecting them from harm don't pay close
enough attention to them. When you trust someone else to care for your
child while you are not present, you expect your child to be taken care
of, monitored closely, and that reasonably foreseeable accidents will
be prevented. If someone fails to protect your child from harm, you may
be entitled to monetary damages related to the incident, including
damages for medical care, lost earnings due to time away from work to
care for your child, pain and suffering and other accident-related
expenses.
Who is Responsible for Negligent Supervision?
If someone accepts the responsibility of caring for your child
while you are away, they may be liable for injuries or death due to
negligent supervision, or even kidnapping or abduction. This could be
anyone, including:
- Babysitters
- Camp counselors
- Churches
- Foster parents
- Nannies
- Other parents
- Schools
- Teachers
Examples of Negligent Supervision
The negligent supervision of a minor child can take many forms,
and occur almost anywhere a child is in the care of an adult, including
a private home, a day care, school, church, or youth center. Just a
few examples of negligent supervision include:
- A child drinking toxic cleaning fluid.
- A toddler tugging at an electric cord and pulling a hot iron
off of a table.
- A baby left unsupervised to crawl into a pool and drown.
- A child finding a loaded gun.
- A child left locked in a car in hot temperatures.
It is important to note that what constitutes adequate supervision
for one child will not be adequate for another. Each child will
require a different level of care based on their age and development
level. The appropriate level of care will also vary based on the
environment as well. For example, if a swimming pool is present, or the
home is located near a busy road, increased supervision will be
necessary to protect the child. Many times negligent supervision occurs
not because the supervising adult is willfully reckless, but because
the adult simply has too many children to watch and cannot reasonably
supervise all of them.
Negligent Supervision at Foster Homes
If you or your child suffered injury, abuse or neglect while in
the care of a foster parent, you may be entitled to damages from the
foster family agency. Foster agencies have a responsibility to protect
the children they place in foster family homes. If the agency does not
investigate the home situation, perform a background check, or
routinely check on the well being of the child, you can bring a claim
for damages against the agency. Estey & Bomberger has successfully
represented a number of children in claims against foster family
agencies. If you or your child is the victim of foster home abuse, sexual
molestation or injury due to negligent supervision, contact us for
a free and confidential attorney consultation.
Free Attorney Consultation
If your child has been hurt due to negligent supervision in
California, contact Estey & Bomberger for a free consultation with
one of our experienced attorneys. We can help you hold whoever is
responsible for your child's injuries or death financially
accountable for their negligent or reckless actions. Our lawyers are
some of the most experienced in the state and can help you obtain
maximum compensation for medical expenses, lost earnings and pain and
suffering. We have recovered millions for victims of negligent
supervision – see our case results.
To speak with an attorney, call (800) 925-0723. We
do not charge any fees unless we obtain money for you.
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