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Has Your Child Been the Victim of Negligent Supervision?


Two children were allegedly left alone in the yard of a Georgia daycare for over 10 minutes, and the teacher has been fired as a result. Lacinda Smiley is the mother of a one-year-old who was one of the children left alone during the incident that occurred at Childcare Network Daycare. She says the teacher neglected her baby along with other children, and she’s upset because they weren’t doing their job.

The woman who recorded the video of the incident says she watched the incident for 10 to 15 minutes and employees failed to check on the children. After Smiley pulled her children from the daycare, they offered her $485 in exchange for signing a nondisclosure agreement.

What Is Negligent Supervision?

When another party fails to properly supervise a child and their negligence results in serious injuries or death to a child, it is considered negligent supervision. If this happens to your child, it is essential that you obtain legal representation as soon as possible because you may be entitled to compensation for medical expenses including future costs and other types of damages.

Examples of Negligent Supervision

Negligent supervision results when a party fails to uphold their responsibility of caring for and protecting a child from suffering injuries that could have been prevented. The standard of care required in these cases depends on the age of the child as well as their development level.

Children are susceptible to injuries in a variety of situations if they are left unattended. Below are a few examples of how a child can be injured or die when they are not adequately supervised.

  •    Being stung or bitten by a poisonous or dangerous insect or animal.
  •    Being crushed by a heavy object.
  •    Being injured by other children.
  •    Being sexually assaulted by a caregiver.
  •    Being left in a hot automobile.
  •    Consuming medications.
  •    Eating or drinking something the child is allergic to or that is poisonous.
  •    Falling from high objects or falling into pools.
  •    Playing with matches or lighters.
  •    Playing with dangerous weapons.
  •    Wandering into traffic.

Negligent Child Supervisors

A variety of parties can be considered caregivers. All cases are different, but generally, the parties that are responsible for supervising children are considered competent to do so. These often include family, trusted friends, and professionals. A few examples of caregiver titles that may be included in negligent supervision cases include, but are not limited to, the following:

  •    Babysitters.
  •    Camp counselors.
  •    Bus drivers.
  •    Coaches.
  •    Foster parents.
  •    School officials and teachers.
  •    Nannies.

Settings for Negligent Supervision

While an individual may be responsible for the negligent supervision of a child, an establishment or employer can also be held responsible in these cases. Some of the most common locations for negligent supervision include, but are not limited to, the following:

  •    Daycare and childcare facilities.
  •    Camps.
  •    Churches.
  •    Schools.
  •    Foster homes.

Contact a Child Personal Injury Attorney Today

If you believe your child has been the victim of negligent supervision and has been injured at the hands of a negligent person or entity, the attorneys at Council & Associates, LLC can help. They have been helping parents and children ensure their rights are protected for years and can help you too. Contact them today to schedule a consultation.