Negligent supervision is a type of vicarious liability that most often occurs when an employer is responsible for the actions of an employee for failure to properly monitor or control that employee’s actions. Negligence is based on a standard of reasonableness, i.e. what a reasonable person would do in the same or similar situation. In a tort case, the standard of evidence is proving that the events alleged happened more likely than not as a result of the defendants acts or omissions, and that the plaintiff was damaged as a result. Claiming negligent supervision against a company allows a claimant to recover for injuries or other damages from an employer, who typically has insurance to cover such incidents. These types of incidents are entirely preventable, and if you believe you have been injured in this type of occurrence, it is important to speak to an experienced lawyer right away to learn about your legal options.
Employees may be able to claim negligent supervision when a manager fails to supervise other employees and the employees working for them are damaged. For example, if a co-worker makes racist or sexist remarks or even attacks other workers, managers can be held responsible for failing to maintain a safe, appropriate work environment. Employers have a duty to ensure that management is preventing this type of discriminatory behavior that can harm workers.
Negligent supervision can also occur where an adult is observing children, and is closely related to the doctrine of negligent entrustment, in which a person entrusts an instrument, such as a car, to someone who should not be using or operating that instrument. This can occur when parents fail to observe their children, or it can occur in a school or daycare environment, or at any other time when an adult is responsible for observing minors. By accepting that responsibility, the adult has a duty to ensure that the children in his or her care do not act to harm others or damage property. A claim may be brought for negligent supervision if a child harms himself or herself when a teacher or other adult is supposed to be observing, such as an injury on a playground or with a babysitter, even if the injury was not caused by another child. Examples of negligent entrustment involving a child also include drowning accidents, children unsupervised around materials that could cause a fire which results in burns, or a child left inside a car during hot temperatures. Often, these types of claims will settle without ever going to court because the defense is aware that juries sympathize with children, who may not be aware of the same dangers that adults are responsible for protecting children from in these types of incidents.
If you think you may have a claim for negligent supervision, contact Eric J. Hertz, P.C. at www.hertz-law.com right away for a consultation, or for more information. It is important to bring your claim without delay before important evidence is destroyed, and to preserve your legal rights.
“DISCLAIMER: The above article is provided for information purposes only and is not intended to be, nor should be considered legal advice. Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation. If you are seeking legal advice, please contact an attorney in your area.”