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As a parent, leaving your children in the care of another can be a difficult, even frightening decision, but is often necessary.  You may not always be free to supervise your children, whether due to career responsibilities or various other personal responsibilities that demand your attention.  It’s common for third parties to be tasked with supervising children for an extended period of time.  Third-party supervisors include nannies, teachers, tutors, friends and family members, counselors, community leaders, and, simply put, anyone who has been tasked with the care of your children.

Still, what happens if your child is injured under the care of another?

Though you may appreciate the fact that a third party is supervising your child, it’s important to note that Florida law imposes an obligation on those who are supervising children to act reasonably given the circumstances.  Supervisors must be vigilant and attentive, and they must not fail in their duty to supervise your child. 

If your child is injured due to the negligent supervision of a third party, you likely have a claim for which you are entitled to damages.  To speak with a qualified personal injury lawyer, contact the Spivey Law Firm at 888-477-4839 today.

What Constitutes Negligent Supervision?

A defendant may be found liable for negligent supervision of your child in a number of different scenarios.  Your success will depend on your ability to prove that the defendant owed a duty of supervision to your child and that the defendant’s failure to meet this duty resulted in your child’s injuries.

Suppose, for example, that your young child goes to elementary school and injures himself at recess by climbing up a broken stairway that was off-limits to students.  Your child’s teacher is responsible for supervising his (and other student’s) activities during recess.  If you can show that the teacher failed to adequately supervise your child, thus allowing your child the time to access the broken stairway, you have a good chance of winning the case.

Defendants in child supervision cases often attempt to argue that the child should have avoided the harm, even without supervision.  In Florida, however, children are assumed to be curious and are expected to engage in high-risk behaviors.  Whether the injuries that result can be blamed on the defendant’s negligent supervision will depend, also, on the age of the child and their development level. 

Young children are especially curious, and the fact that your young child is attracted to a dangerous section of property, for example, will not prevent you from recovering damages for negligent supervision.

The younger, less able, and more vulnerable a child is, the higher the standard of care is for a supervisor to ensure that the child is not injured.

Contact Randall Spivey today to speak with a skilled and experienced injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A., a Fort Myers injury law firm with a track record of success.  We will provide a free and confidential consultation to discuss your legal options.