New York Negligent Supervision Lawyer

Top-Rated Negligent Supervision Attorney in New York

When you entrust your child to the care of a school, daycare center, summer camp, or youth program, you expect the adults responsible for providing care to make sure that no harm comes to them. Unfortunately, those responsible for supervising children do not always live up to these expectations and the legal duties as required by New York State law. If your child suffered an injury as a result of improper supervision, you can call to work with a New York negligent supervision lawyer to recover compensation.

Trust the Law Office of Brett J. Nomberg, PLLC

Attorney Brett J. Nomberg of the Law Office of Brett J. Nomberg, PLLC, is committed to providing every client with personalized legal services. With over 30 years’ experience, he handles every case, never passing it on to less experienced attorneys or other law firms, and is available to answer clients’ questions seven days a week. When you work with our dedicated team, you can trust that your case is in the hands of an experienced New York personal injury lawyer.

Why Hire a Negligent Supervision Lawyer?

There are nearly 19,000 regulated childcare programs in New York State, with a combined maximum capacity of about 846,600 children. Additionally, there are 4,802 public schools in New York and another 1,632 private schools.

These institutions are tasked with taking care of children when they are away from their parents or legal guardians, but they don’t always provide the level of care required pursuant to the law to avoid harm to a child.

If your child was injured at school, daycare, or another childcare program, you can hire a negligent supervision lawyer to help you hold the organization that failed your family accountable. Your New York negligent supervision attorney will help you identify the liable parties and construct an actionable claim that will allow your child fair compensation for their injuries.

Elements of a Negligent Supervision Claim

To successfully bring a claim of negligent supervision in New York City and New York State, you’ll need to prove five (5) things:

1. Duty of care. You’ll have to show that the defendant had a legal duty to properly supervise the child. This duty is automatic when applied to parents and legal guardians, but it also extends to others who contractually or voluntarily assume the responsibility for a child’s care, such as schools, daycare centers, and summer camps.
2. Breach of duty. Next, you’ll need to prove that the defendant breached their duty of care to your child. Your lawyer will help you show that their conduct fell below the expected standard of care under the circumstances. This standard of care in New York is what a reasonably prudent parent would do under the same circumstances.
3. Notice.  The School must have been actually informed of a foreseeable harm to the child or should have known of that foreseeable harm based upon the circumstances and information readily available.  If the school caused and created the circumstances that led to the foreseeable harm, that will also suffice for proving Notice.
4. Causation. You will also have to prove that this breach led to your child’s injury. It’s not enough to show that adequate supervision was lacking. That lack of supervision must have directly led to foreseeable harm.
5. Damages. Finally, your child must have suffered actual, compensable harm as a result of their accident. Compensable harm can include injuries leading to medical care, pain and suffering, and any other losses for which you may be eligible to file a personal injury claim.

Who Can Be Held Liable for Negligent Supervision?

Depending on the facts, there are many parties who may be held liable for negligent supervision. They include:

• Private Schools
• School districts
• Daycare centers
• Summer camps
• Youth organizations
• Sports programs

Negligent supervision can arise in all kinds of situations. It can happen when a child wanders away and gets injured, or when a student is bullied or sexually assaulted without teacher intervention. When camp counselors allow children to use equipment that is not appropriate for their age, that is also a manner of negligent supervision.

FAQs

What Are the Elements of Negligent Supervision in New York State?

The elements of negligent supervision in New York State in cases involving a general duty to supervise children include a duty of care, a breach of duty, notice, causation, and damages. You must show that the liable party had a legal obligation to supervise the child, that they did not exercise the level of care expected of a reasonable person in the same situation, that they had some manner of knowledge about a foreseeable harm, and that their failure directly led to compensable harm to the child.

What if the School tries to blame the child for the occurrence?

In New York, a party may recover compensation even if they are partially at fault for the accident or incident.  A jury will decide the apportionment of fault by percentages.  The law was recently changed for auto accidents so that a person over 50% at fault will not be entitled to any recovery, but that does not apply to negligent supervision cases.  Parents will generally file a claim on behalf of their child who is injured.

Who are the legal time limitations to file a claim against a School for Negligent Supervision of a Child?

If the school was a private entity, then the time to file any negligence action is 3 years.  However, when a claim involves a child, the time to file will get extended depending upon their age. 

If this incident involved a public school, then a Notice of Claim must first be served within 90 days of the incident.  A lawsuit must then be commenced within one year and 90 days.  The School will be permitted to take an immediate deposition following the filing of the Notice of Claim.

What obligations do teachers and school staff have over the children they supervise in New York State?

Teachers and administrators of a School have a duty to supervise like a reasonably prudent parent would under the same or similar circumstances.  A teacher cannot argue that all teachers do not spend much time supervising as the standard of care concerns what a reasonably prudent parent would do under the same circumstances.

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If your child was harmed due to a lack of supervision by another responsible teacher or student, you may be able to hold the school responsible, and the attacker, with the help of a New York negligent supervision lawyer.

The team here at the Law Office of Brett J. Nomberg, PLLC, has handled many negligent supervision cases in our three decades in practice. We handle complex personal injury cases, including those involving children assaulted by other students while under the supervision of teachers and staff.   We can help you gather evidence to prove your claim, identify potential liable parties, submit the demand,  negotiate a fair settlement, or take your case to court before a jury. Contact us to schedule a consultation regarding your negligent supervision case today.