Negligent Supervision

What is negligent supervision, and how does it apply to a personal injury case?

While we usually think of negligent supervision as it relates to children in day care or elders in nursing homes, it can also apply to work injury cases and 18-wheeler truck accidents.

The term “negligent supervision” refers to a tort that can apply to several personal injury and wrongful death scenarios. Since this term is a variant of "negligence," it is necessary to prove this breach of duty in the same way as any other case of negligence. Sometimes it’s a matter of whether a "reasonable person" could have known it was possible to sustain injuries of the times incurred under those circumstances. The law is complex, and that is why our attorneys are happy to review the facts of your case for free and inform you of your legal options moving forward.

Negligent supervision at daycare.

The laws on negligent supervision are directed mostly toward children and the liability of adults to provide child care or daycare services. Negligent supervision may occur when the adult fails to monitor or supervise a child in their care who is then injured as a result. Some examples of daycare neglect include:

Negligent Supervision & the Law

• Failing to safely secure dangerous items
• Failure to ensure the child is safe from hazards (heavy traffic, swimming pools, hot stoves, etc.)
• Failure to remove the child from facilities or equipment they should not be using
• Failure to protect a child from the preventable infliction of physical abuse from another child

Any person who is legally bound to take care of a minor can be held liable for personal injury damages relating to negligent supervision. This can include the following:

• Daycare providers
• School officials, teacher or coaches
• Camp counselors
• Babysitters
• Etc...

Negligent supervision at a nursing home.

Just as with children, those tasked with ensuring the safety and well-being of elderly nursing home residents may also be held liable for injuries and wrongful deaths which occur due to negligent supervision. Nursing home negligence is a serious issue in Texas, and our law firm is dedicated to advocating for the rights of those abused and neglected at nursing homes and assisted living centers.

If your parent suffered a serious injury while at a nursing home and you believe it was caused by a lack of supervision, call (214) 617-1886 and allow us to review the facts of your case for no charge.

Negligent supervision at work.

Negligent supervision can also refer to the inadequate instruction, training or supervision of an employee/worker by an employer/supervisor. When an employer fails to train or supervise employees working with dangerous chemicals, tools, or equipment, they may be held liable for any resulting workplace accident injuries.

Additionally, an employer can be held liable for their failure to address other dangerous issues, such as:

• Allowing intoxicated employees to operate machinery
• Failing to address claims of sexual harassment
• Ignoring threats of violence in the workplace

Negligent supervision of a truck driver.

Negligent supervision can play a significant role in car accident cases involving commercial trucks. Under the Doctrine of Respondeat Superior, trucking companies may be held vicariously liable for any harm caused to a third party by their drivers (while operating within the scope of employment). It is for this reason that trucking companies must thoroughly vet their drivers before putting them on the road.

When trucking companies fail to screen their drivers for drugs or alcohol, or fail look into the driver's accident history, criminal record, or CDL status, they're risking the safety of everyone else on the road. If an accident occurs and someone is seriously injured or killed as a result, the trucking company may be held vicariously liable due to their negligence as well.