December 3, 2015
A parent’s worst nightmare is learning that their child has been hurt or injured. What parents and caregivers need to know is that a babysitter can be held accountable if a child becomes injured in their care. If an unfortunate situation involving a child care provider and a child occurs, legal action might ensue. Additionally, any child care provider, including churches and daycares, can be held responsible. Keep reading to learn what constitutes child care negligence.
Negligence in Failure of Supervision
Failure to properly supervise is one of the most common cause of negligence. Inadequate supervision can result in tragic accidents, such as drowning, drinking poisonous household products, starting a fire, electrocution, falling and other injuries. Negligence also includes leaving a child unattended in a hot car. It is the babysitter’s duty to keep their eye on the child at all times, and a babysitter can be found negligent if injury or death occurs from failing to properly supervise those under their care.
Negligence in Dangerous Situations
Child care near potentially dangerous environments, such as a pool or ocean, have stricter supervision requirements. A babysitter may also be responsible for a child’s injuries sustained during a car accident if it was the caretaker’s fault, and parents can sometimes sue for further damages.
Negligence That Causes Health Issues
Negligence in inaction can also occur when the sitter does not assist a hurt or distressed child. For example, if a child requires asthma or diabetic medications and the babysitter neglects to administer it, the sitter can be held accountable for any resulting complications. If a child does not receive any fluids after vigorous activity or has not eaten under the sitter’s care and a child suffers health issues because of this, a sitter could be found guilty of negligence, too.
Negligence cases must prove foreseeable injury, which means that the injury has to directly correlate to a lack of supervision. For example, it would be difficult to prove negligence if a child plays outside with the nanny and encounters a bee sting, given the nanny immediately informs the parents and takes appropriate action. Freak accidents, such as lightning, might not directly result from lack of supervision either. Unfortunately, accidents do happen, and a higher level or care or supervision cannot prevent every tragic occurrence.
Contact the Khonsari Law Group for Legal Counsel
If you or a loved one is affected by negligence, allow Khonsari Law Group to carefully review the case and seek out justice. You can contact us at (727) 269-5300 or reach out online for a free consultation.