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My child was injured under someone else’s watch, now what?

What Can I Do if My Child is Injured Because Someone Else Failed to Properly Supervise Them?

Someone who failed to properly supervise your child, which resulted in injuries to your child, may be liable for the damages suffered because of the injuries.  Damages may include medical bills, compensation for pain and suffering, and compensation for disfigurement and other permanent injuries.  To determine whether the person may be liable for your child’s injuries there are several factors that need to be considered.  First, it needs to be determined whether the person had a duty to supervise your child.  Typically, a duty exists when the person has a relationship with your child, such as a grandparent, teacher, or babysitter.  A duty may also exist when someone has agreed to supervise your child, such as your child being invited over to a friend’s house for a playdate, party, sleepover, etc.  Once it is determined that a duty existed for the person to supervise your child, it then needs to be determined whether the person breached that duty.  A breach of duty occurs when it was reasonably foreseeable that the injuries your child suffered might occur.  So, if the person supervising your child allowed a dangerous activity or failed to protect your child from a dangerous condition that they knew or should have known might result in injuries, they may have breached their duty to supervise your child.  Another factor that needs to be determined is whether the injuries your child suffered were caused by the breach of duty to supervise your child.  In other words, the injuries would not have occurred if your child had been properly supervised.  If you think your child suffered injuries caused by someone else’s failure to properly supervise your child, you may be able to hold that person liable for negligent supervision.