Negligent supervision is when a person or entity responsible for supervising another person fails to provide adequate care, which results in great bodily harm or death to the supervised individual. When this happens, the individual or family members of the individual can file a claim against the negligent party for damages caused by their irresponsibility. Negligent supervision cases are often filed against care providers, such as daycare facilities, nursing homes, schools, churches, and athletic organizations when injuries occur to young children or the elderly. Here’s what you need to know about filing a negligent supervision claim in Florida.
Examples of Negligent Supervision
Negligent supervision claims can apply to various circumstances involving injury or death due to a lack of proper care, prevention, or protection. The following could be examples of negligent supervision if a person suffered injuries or death due to any of these:
- Swimming pool accidents.
- Child care or school accidents.
- Theme Park accidents.
- Injuries caused by trampolines or other dangerous toys.
- Car accidents when children were improperly restrained.
- Assault or molestation.
- Improper oversight from a manager or business owner for employees.
- Failure to secure weapons and dangerous items like firearms.
- Allowing children to ingest drugs, alcohol, or toxic chemicals.
Filing Claims for Negligent Supervision
Negligent supervision can apply to anyone in charge of another person’s care, such as a family member, camp counselor, teacher, school administrator, nurses, healthcare workers, business owners, supervisors, and nannies, to name a few. They can be filed for negligence regarding supervising children, the elderly, and employees. The first step in proving negligent supervision is to establish that the person or entity responsible for supervision owed a duty of care to the individual and breached that duty. Then, it will need to be determined that the breach of care directly resulted in the injury or death of the person that was supposed to be supervised. For example, it could be determined that inadequate supervision and a breach of duty to provide care caused a child to drown in a swimming pool. Lastly, you must show that you suffered damages from the accident, such as emotional distress, financial losses, or physical injuries.
Penalties for Negligent Supervision
The penalties for negligent supervision can vary depending on the case’s specific circumstances, the degree of harm, and whether the offense is charged as a misdemeanor or felony. Misdemeanor charges come with a $1,000 fine and up to one year in jail. If the negligent supervision case is charged as a felony, however, there are much steeper punishments. In addition to criminal penalties, a person or entity responsible for negligent supervision may also face civil liability for damages caused to the supervised individual, including compensation for lost wages, medical expenses, and pain and suffering.
Personal Injury Attorney in Ocala, Florida
Negligent supervision can seriously harm innocent victims, and those responsible must be held accountable. We handle even the most complex negligent supervision cases at the King Law Firm. If you wish to file a negligent supervision claim or any other personal injury claim, contact The King Law Firm at (352) 269-1814 to schedule a free consultation. During your consultation, we will evaluate your case, answer your questions, and help you understand your legal options.