Negligent supervision can lead to serious harm, leaving victims and their families struggling with physical injuries, financial strain, and the emotional aftermath of a traumatic experience. When someone fails to properly monitor another person’s actions – whether a property owner, caregiver, or another responsible party – they may be held accountable for the resulting harm.
If your child or someone you love suffered injuries due to negligent supervision, a skilled personal injury attorney serving Pittsburgh, Pennsylvania, can help you pursue the justice and compensation you deserve. Contact the team at Ainsman Levine, LLC, today for a free initial consultation to discuss your case and explore your legal options.
What Is a Duty to Supervise?
A duty to supervise arises when someone has a legal responsibility to oversee another person’s actions or behavior to prevent harm. This responsibility often applies in relationships where one party has authority or control, such as teachers overseeing students or daycare employees looking after children. These individuals or organizations have a duty to take reasonable steps to ensure the safety of the people under supervision, and failing to uphold this duty can lead to serious harm.
What Are Some Examples of Negligent Supervision?
Negligent supervision occurs when a responsible party fails to appropriately oversee a child’s activities, an accident or incident occurs, and someone gets hurt. Depending on the situation, various individuals or organizations may be liable, including:
- Parents or Caregivers – A parent or other caregiver may bear responsibility when their lack of supervision leads to harm, such as a child getting injured while playing on a trampoline, using playground equipment, or swimming in or playing around a pool. These areas pose inherent risks, and responsible adults have a duty to actively monitor children to prevent accidents. Similarly, a homeowner may be liable if they fail to supervise visiting children, especially if dangerous activities are involved, or if their child causes harm to others while on their property.
- Schools, Daycare Centers, and Recreational Facilities – Properties at which children are often present are also common defendants in negligent supervision cases. For instance, a child might suffer a zip line injury at a play park supervised by untrained or inattentive teenagers. A school or daycare, meanwhile, could face liability if inadequate staff-to-child ratios or inattentive supervision leads to playground accidents, bullying, or even serious incidents like injuries during field trips.
- Businesses – Businesses that host children’s activities, such as camps, athletic facilities, or after-school programs, have a responsibility to supervise the activities taking place on their premises. Failing to anticipate or prevent foreseeable dangers could make them accountable for injuries resulting from their negligence.
If your child suffered an injury in one of these or a similar scenario, you may have grounds to file a claim against the responsible party for negligent supervision. Identifying the liable party requires conducting a thorough investigation, and an experienced personal injury attorney can handle this process while you focus on getting your child the support they need for their physical recovery.
How Do You Determine Whether Someone Breached Their Duty to Supervise?
Determining whether someone breached their duty to supervise involves evaluating whether their actions or lack of action fell short of what a reasonable person would have done in the same situation. Your Pittsburgh personal injury attorney must show that the responsible party failed to take appropriate steps to prevent harm and that this failure directly caused your child’s injury. They’ll do this by gathering and analyzing evidence to establish liability and build a strong case on your behalf. Key types of evidence they’ll look at might include:
- Witness statements from those who saw the incident happen or who can attest to the lack of supervision
- Surveillance footage from playgrounds, pools, or other areas where the injury occurred
- Medical records documenting the injury, its cause, and the course of treatment your child underwent
- Policies and procedures of schools, camps, or daycare facilities that highlight lapses in supervision
- Expert testimony from professionals, such as child safety consultants, explaining how proper supervision could have prevented the harm
Types of Compensation Available in a Negligent Supervision Claim
When someone’s negligent supervision causes harm, victims or their families may be entitled to damages (compensation) for various losses. These damages fall into two primary categories: economic and non-economic. An attorney can assess your case and help you pursue appropriate compensation for your family’s losses.
Economic damages cover measurable financial losses, such as medical bills, therapy costs, and any future expenses related to the injury. If a child requires ongoing care or specialized equipment because of the injury, these costs may also be recoverable.
Non-economic damages address more subjective losses, including pain and suffering, emotional distress, and the loss of enjoyment of life. For children, this can include the inability to participate in their favorite sports or activities or the trauma of enduring an injury caused by someone else’s failure to supervise properly.
Why You Need a Pittsburgh Personal Injury Lawyer for Your Negligent Supervision Case
Managing the aftermath of an accident involving an injury to your child can be physically and emotionally exhausting. You shouldn’t feel like you have to fight on your own to hold the responsible party accountable. A Pittsburgh personal injury attorney can provide the guidance and support you need by doing the following while you focus on your child’s recovery:
- Evaluating Your Case – A lawyer will thoroughly analyze the facts of your case, considering all relevant details and potential legal strategies. They will explain the strengths and weaknesses of your claim and help you understand the potential outcomes, so you can make informed decisions about whether you wish to pursue legal action.
- Gathering Evidence – Your lawyer will gather witness statements, collect medical records documenting the injury, and request surveillance footage if available. An attorney with experience handling negligent supervision cases will also know how to interpret safety policies and procedures from schools, daycare centers, or other facilities to prove negligence.
- Negotiating with Insurers – Insurance companies are motivated to settle cases for the lowest amount possible. Your lawyer can negotiate on your behalf and advocate for fair compensation that covers all your family’s losses, including medical bills, lost income, and pain and suffering.
- Fighting for Your Family in Court – If necessary, they can take your case to court and present a compelling argument in favor of securing the compensation and accountability your family deserves.
What’s the Deadline for Filing a Negligent Supervision Claim?
In Pennsylvania, the deadline for filing a personal injury lawsuit is generally two years from the date of the injury. However, in cases involving injuries to children, the deadline is extended until they turn 18, at which point they have two years to file a lawsuit. Failing to do so in time could result in the dismissal of your case. Because evidence can deteriorate or go missing, it’s still important to connect with a Pittsburgh injury lawyer as soon as possible following the incident so they can begin assembling your claim.
Contact a Personal Injury Attorney Today to Discuss Your Claim
Did your child suffer injuries in an accident because another party failed to provide the appropriate level of supervision? Your child and your family deserve compensation, justice, and accountability. The team at Ainsman Levine, LLC, can help. For over 30 years, our firm has represented and fought for the rights of injured Pennsylvanians in Pittsburgh and the surrounding communities. Contact us today to share your story in a free consultation and learn more about how we’ll help your family pursue the full recovery you deserve.