Many people trust teachers, nannies, and nursing home employees to take care of their children and elderly loved ones. But unfortunately, many child and elderly adults are injured while under the care of one of these professionals. If this happens, the victim may be able to recover compensation in a personal injury case. Here’s what you need to know about negligent supervision and personal injury cases:
Examples of Negligent Supervision and Children
Some of the child caretakers that are often accused of negligent supervision are daycare employees, teachers, camp counselors, babysitters, nannies, coaches, and other children’s parents. Injuries can occur if a supervisor fails to prevent a child from playing with dangerous items such as matches or knives. A child can also sustain injuries if he is not supervised while in a dangerous environment, such as near a pool or around animals.
Many of these injuries occur because a daycare center or school is understaffed. If there are not enough adults to watch the children, there is no way for them to provide adequate supervision.
Examples of Negligent Supervision and Elderly Adults
The people that are accused of negligently supervising elderly adults are almost always nursing home employees. These cases often involve bedsores, which are skin and tissue injuries that develop if a nursing home resident is left in the same position for a long period of time. If a nursing home resident develops bedsores, it is usually a sign that the nursing home staff is not paying enough attention to him or her.
A personal injury claim may also arise if an elderly individual with dementia is injured after wandering away from the nursing home. Falls inside the facility can also lead to personal injury claims if an employee should have been supervising the victim at the time of the accident.
Proving Negligent Supervision
There is no legal definition of adequate supervision, which can make proving negligent supervision challenging. In order to prove negligent supervision, a plaintiff must show that the level of supervision provided by the caretaker was inadequate based on the victim’s age, ability to care for himself, and activity. For example, a nanny does not need to closely supervise a child that is sleeping, but she should closely supervise a child who is playing outside by a busy street since this is a dangerous activity.
Proving negligent supervision led to the victim’s injury can be challenging, but it’s not impossible with the help of a personal injury attorney.
Has your loved one been injured while under someone else’s care? If so, contact the personal injury attorneys at Reisch Law Firm today. We will aggressively fight for the compensation your loved one deserves. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.