When a parent or guardian commits their child to the care a private professional facility like a private school or day care center, there is a legal obligation that that facility takes on to make all reasonable efforts to ensure the child's safety. However, if a child is injured in the care of a private school or day care facility, it does not mean that a personal injury judgment is automatically warranted. The legal threshold for “reasonable efforts” to ensure a child's safety is quite fluid and differs from situation to situation and from child to child.
For instance, older children may in fact be trusted with scissors in the creation of a crafts project, while younger children may need more supervision. Likewise, the environment and situation one is challenged with may require even more effort to ensure the child's safety. Supervising children in a classroom setting may require fewer measures of precaution than doing so on a field trip to an amusement park, where external factors are many and perhaps even unpredictable.
So when determining liability in the case of a child suffering injury in the care of a private school or child care center, courts often consider a host of factors, including:
- the child's age;
- the experience level of the child;
- the nature of the activity; and
- factors outside the supervisor's control.
Additionally, a private school or day care facility has the responsibility to constantly monitor the environment a child under their care is in for possible threats or danger. And, ultimately, this also means taking appropriate measures to eliminate or lesson those threats. Of course, it depends upon the exact situation, but a school or child care facility may be required to take action when necessary to avert harm to the child. That may include situations when the threat comes from another child in their care. Sometimes that duty means to intervene and sometimes it simply means calling law enforcement when the situation is out of hand.
Negligent supervision is a failure on the part of the child care professional to provide appropriate supervision of a child in all circumstances. The level of negligence involved often depends on a wealth of different factors.
If a private school or a child care facility has failed to live up to its responsibility to provide adequate protection for your child or children, you may need an experienced personal injury attorney to help sort out all of the options available to you to ensure that (1) your child is given the appropriate medical treatment and emotional support; and (2) the negligent supervision on the part of the school or child care facility is brought to light and adequately dealt with from a legal perspective.
The attorneys at Panio Law Offices in Chicago have a wealth of experience in pursuing personal injury damages in negligence cases. We can help determine if you have a case and identify all parties responsible so as to ensure that you receive the highest damages available for injuries and harm suffered.
Please call (708) 928-8680 for a free consultation. We can help.