In short, yes. A child’s school may be held liable for injuries suffered by children based on the theory of negligent supervision. Negligent supervision laws are the set of laws that govern the liability of adults who fail to exercise their duty of care when monitoring children.
A person may become liable for negligent supervision if they:
- Know or have reason to know that a child must be controlled or protected; and
- Failed to properly supervise, control, or protect the child.
It is important that each state may have different laws regarding negligent supervision. However, most states will impose liability on an adult if the elements listed are proven by the plaintiff (i.e. the party that was injured). Supervision duties may be determined through a formal contract, such as when a daycare requires a parent to sign a liability form, or based on the circumstances. Student supervision in schools is typically based on the rules outlined by the school district and community.
It is more likely that liability will be imposed on the adult, if the adult knew of a danger or threat to the child, but failed to take action in order to eliminate the threat or danger.
Examples of common scenarios in which there can be negligent supervision include:
- An adult failing to secure dangerous items, such as deadly weapons or toxic chemicals;
- An adult failing to keep a child safe from hazards in their environment such as heavy traffic, swimming pools, dangerous machinery, open windows, etc.
- In the case of schools, an employee of the school failing to secure scissors or sharp objects;
- Allowing any child to use facilities or equipment that they are not allowed to use which pose the child an inherent risk to danger; and
- Failing to protect a child from physical or emotional abuse from another child, when the abuse could have been prevented.
- It is important to note that typically it must be shown that the adult knew or should have known that the abuse was ongoing in order for them to be held liable.
It is important to note that if a child is injured as a result of the negligent supervision of the school, including the school’s employees, then it may be possible to sue a school.
When Might a School Have a Duty to Supervise?
Once again, negligent supervision can result if an adult allows a child to engage in illegal acts or acts that the adult party knew or should have known would result in the child suffering harm. Although the legal concept of negligent supervision generally applies to relationships between a parent and their biological child, any person who is legally entrusted with the care of a minor can be subject to negligent supervision laws. This includes school officials.
Although a school is not an insurer of a student’s safety like their biological parents, a school still has a duty to exercise reasonable supervisory care for the safety of students. Further, the school may be held liable for injuries resulting from their failure to properly supervise. This duty to supervise applies to both public and private schools, although private schools may have a contract that outlines additional duties to supervise.
Importantly, a school also has the duty to supervise students during lunch or recess periods, as well as on school trips, based on the theory that injury is generally foreseeable when young children in groups are left unattended during free time. Similarly, a school may also have a duty to supervise children before or after school hours if the children are in groups where dangerous activities could be reasonably expected to occur, such as around gym equipment or crafting tools. If a student is injured, then a school negligence lawsuit may occur.
What Injuries Can the School Be Liable For?
It is important to reiterate that a school’s duty to supervise is limited only to injuries that are foreseeable. As such, when determining whether or not a school can be held liable for a child’s injury, a foreseeability test will be conducted. Then, if the type of injury is not something that would generally be expected from the event or activity that caused the injury, the school ultimately cannot be held liable based on the theory of negligent supervision.
For example, criminal actions by a third party, such as someone coming in and harming a child, would likely be seen as unforeseeable. However, if there was a history of third parties harming children in the area, then failure to take reasonable steps to protect the children may be seen as negligent supervision.
Violations of negligent supervision laws can result in legal consequences for any adult who is found guilty. Additionally, school’s may be held vicariously liable for the actions of school officials. Schools may then be required to pay for damages if a child was injured through a private civil lawsuit filed by the injured child’s caretaker. As such, it is important for a school and school officials to fully understand their duties when caring for minors.
Was the Duty to Supervise Reasonably Satisfied?
Once again, under negligent supervision laws, a school may only be held liable when they are found to have negligently supervised the child that was injured. This means that it must be demonstrated that the school:
- Had a duty to supervise the child;
- Failed to reasonable supervise the child;
- That the child suffered harm that was foreseeable by the school or school officials; and
- That the child suffered actual quantifiable harm due to the negligent supervision of the school or school officials.
For example, in a case where a child was injured by running with scissors, a court would likely find that the injury was foreseeable, and that proper supervision of the child could have prevented the injury.
Should I Consult an Attorney about Failure to Supervise?
As can be seen, negligent supervision laws are enforced strictly, because they involve the safety and well-being of children. As such, if you are facing a lawsuit involving negligent supervision, you should immediately consult with an experienced government lawyer.
An experienced government lawyer will be able to help you assert any available legal defenses, as well as represent you in court, as necessary.
If you believe that your child suffered losses due to a school’s failure to supervise students, a personal injury lawyer can help you file a lawsuit with the appropriate court. An experienced personal injury attorney will be able to help you determine whether the school or a school official can be held liable based on the theory of negligent supervision.
Additionally, an experienced personal injury will be able to help you initiate a private civil lawsuit against the adult that failed to supervise, as well as the school in which they work under the legal theory of respondeat superior. Finally, an attorney will also be able to help you recover damages associated with the injury suffered by your child.
In either case, an experienced attorney will be able to help you understand your legal rights and options under your state’s specific laws, and will also be able to represent you in court, as needed.
