Whenever children are not at home with their parents, the responsibility of their security and care falls on whoever was trusted with their care. Whether they are in school, camp, or day care centers, the caregivers in these locations are responsible for their supervision and safety.
Children are naturally inquisitive, therefore prone to injuries. Yet, not every injury a child sustains should be blamed on their caregivers. To determine the liability of a child’s injury in Florida, the law must first determine what is ‘proper and adequate’ supervision based on the merits of the case at hand.
When your child sustains an injury under the care of a third party in Florida
If your child sustains injury while under the supervision of teachers, nannies, friends, counselors, or any other third party that is not the parents, the parents can sue for damages. But it is not as simple as that, there are certain criteria and circumstances that must hold true for the law to award claims to the victims.
If a child is injured because the caregiver failed in properly supervising the child, then he or she is liable for negligent supervision.
The caregiver is expected by law to provide proper and adequate supervision. But the law has no strict definition of what constitutes proper and adequate supervision. These elements all determine the level of supervision expected of a caregiver on a child:
- Level of supervision needed by the child
- Experience level
- The nature of the child’s activity
Those circumstances determine whether the caregiver will have partial liability or full liability for the child’s injury.
However, the following factors must be established under the Florida law in line with the Negligent supervision in order to win the legal battle:
- That there is an established relationship of supervisor and ward between the caregiver and the child, for instance, teacher-student relationship, counselor-camper relationship. Only in such a relationship does the duty of supervision of the child exist.
- There was a breach of that duty because of the negligence of the supervisor.
- That this negligence resulted in the child’s injury.
Each child’s case is unique with its peculiar circumstances and facts which all work to affect the analysis and interpretation of the Florida law on each case.
Sovereign Immunity in Negligent Supervision in Florida
Government agencies are basically protected from personal injury lawsuits by ‘sovereign immunity’ – this includes public schools. However, with serious injuries where a child in involved, the school district will not be totally protected by the sovereign immunity.
Teachers owe an obligation to children under their custody during school hours, therefore, when a child sustains personal injury in school under the teacher’s watch, the school can be sued.
Sometimes, the defendant may want to prove that the child in question is partly to blame for the injury. Parents therefore need a smart and experienced lawyer to handle negligent supervision cases. You should be financially compensated, and have justice served as well, to help pay for medical bills and recovery.