Hi! My name is Sam, and I started this blog to help other injured people. Before you start reading, let me tell you a little about myself. Ten years ago, I slipped on a slice of fruit in a grocery store. My leg slid out from under me, and in a freak twist, it was rendered useless. I could no longer work and struggled with intense pain every day. Luckily, I found an accident and injury attorney who was able to get me the compensation I needed to cover my medical bills and my lost time at work. However, while I waited for the settlement to come through, I had to get creative physically and financially. This blog is dedicated to anyone who is in that limbo position. I hope the posts here help you decide what to do while you wait for the results of your trial.
In some cases, accidents are unavoidable. However, in cases involving children under a caregiver's guidance, there is a possibility that more could have been done to keep the child safe. If your child was injured in an accident and you believe the caregiver is at fault, you can potentially take action:
Did the Caregiver Take Responsibility for Your Child?
To hold the caregiver liable for your child's injuries, you have to show that the person was given the responsibility of taking care of the child. The commitment does not have to be in writing, but it has to be clear that the caregiver was liable. For instance, a teacher or child care provider are considered to be responsible parties. The same applies to nannies, babysitters, and school counselors.
Was Your Child Unsupervised?
Proving that your child was not properly supervised by the caregiver is important. Without proving this, you probably do not have a case. The level of supervision that is required for a child is debatable though. For instance, a toddler would require more supervision than an older child. It is your responsibility to prove that even though the caregiver was supervising the child, it was not enough.
For instance, if your child is injured when he or she is pushed off the jungle gym by a bully, you can possibly hold the teacher responsible. You would have to prove that the teacher was alerted to the bullying situation by you, your child, or other students, and that the teacher failed to monitor the bully's behavior.
When filing a lawsuit against a caregiver, the judge and jury can assess the situation and decide how much supervision was actually necessary. It is because of potentially differing views on how much supervision is needed, that proving negligence can sometimes be tricky.
Was Your Child's Injury Directly Related to Negligence?
The final piece in your case against the caregiver is proving that your child's injury is directly related to his or her lack of supervision. Using the previous example, you could claim that because the teacher failed to monitor the bully's behavior, he or she was able to push your child down, which led to an injury.
If you are unable to draw a line between the end result and the accident, your case could be in trouble.
Each state has laws regarding caregiver supervision and negligence. To ensure your case is covered by your state's laws, talk to a personal injury attorney before filing a claim or lawsuit against the caregiver. To learn more, contact a company like Stapleton Law Offices with any questions you have.Share
5 August 2015