What Is the Difference Between Adequate and Negligent Supervision? 

 March 5, 2015

By  LMW Attorneys

When you leave someone to care for your child, elderly relative, or another family member, you trust that person to be as caring and attentive to them as you are. On the off-chance something goes wrong and the person under care is harmed in any way, it is important to know if it was an accident or if the person watching them was being negligent. A person is sued for negligent supervision when they are accused of failing to be attentive to the child, elderly person or employee under their care resulting in injury.

What is Adequate Supervision?

Providing adequate supervision pertains to a person’s ability to immediately protect the person they are supervising from any kind of harm, hazard or distress. A supervisor making sure their employees have been properly trained to use any dangerous tools, weapons, or chemicals required by the job is an example of adequate supervision. Feeding a child after school and making a sure an elderly person takes the pill prescribed to them are others examples of adequate supervision.

What is Negligent Supervision?

Negligent supervision, simply put, is the failure to provide adequate supervision. Placing a child in a house that contains an unsecured gun is an example of negligent supervision. Not feeding an elderly person living in a nursing home is an example of negligent supervision. Ignoring threats of violence in the workplace is another example of negligent supervision.

What Needs To Be Proven?

A negligent supervision case must be able to prove these four things:

  • The defendant had the responsibility to monitor the person.
  • The defendant failed in their responsibility.
  • The person that was supposed to be under supervision suffered damages as a result of the inattention.
  • The injury the person that was supposed to be under supervision suffered was foreseeable.

The defendants in these lawsuits are usually:

  • Caregivers
  • Teachers
  • Coaches
  • Daycare providers
  • Babysitters
  • Camp counselors
  • Foster parents
  • Nannies
  • Parents

When to Hire an Attorney for Negligent Supervision

If found guilty, the defendant will have to pay for any damages received by the person under care, so if you believe you have grounds for a negligent supervision case or if you are accused of negligence, consult with Laporte, Mulligan & Werner-Watkins. Our legal team will work with you to guide you through this trying time and will determine whether or not you have a claim. Contact LMW Attorneys today to schedule a free consultation.