Negligent Supervision Claims in North Carolina: Everything You Need to Know

Negligent supervision claims in North Carolina arise when either an individual or entity fails to properly oversee the actions of another person. As a result, someone must have become injured to qualify for a personal injury claim. These claims could be made against an employer, school, or even a daycare center. By understanding the intricacies of negligence supervision claims, victims can feel more equipped to seek justice and compensation for their own cases.

Common Scenarios That Lead to a Negligent Supervision Claim

There are many scenarios that can lead to a negligent supervision claim. When employees are not properly managed by their employers, injuries can happen. Here are a few examples of negligent supervision circumstances:

Workplace Incidents

All employers in North Carolina have a duty to supervise their employees. If an employee was harmed by a coworker or a third party due to a lack of safety training, oversight, or failure to address a well-known risk, this could trigger a supervision claim. Examples include an incident of workplace violence, harassment, or even an accident caused by an untrained employee.

School and Daycare Settings

All schools and daycare facilities have a shared responsibility to keep kids safe. It’s an important expectation, as parents put their trust in other adults to care for their children. If a child is harmed due to inadequate supervision or any other type of abuse, a parent has the right to pursue a negligent supervision claim.

Nursing Homes and Assisted Living Facilities

Because elderly residents in these types of facilities are under the direct care of various staff members, negligent supervision may happen. For example, if any resident falls from a faulty handrail or becomes ill due to a nurse not administering their medicine when scheduled, all of this could warrant a negligent supervision claim.

Elements Required to Prove a Negligent Supervision Claim

In order to prove a negligent supervision claim, the plaintiff or their lawyer will have to gather evidence to be presented. This can require significant time and diligence, which is why a lawyer’s assistance is crucial. To win a negligent supervision case, all plaintiffs in North Carolina must establish the following elements:

Duty of Care

All plaintiffs bringing these types of cases to court need to prove that the defendant had a legal duty to supervise them. There is often a trusted relationship between parties, like an employer to employee, teacher to student, or caregiver to child.

Breach of Duty

A plaintiff must also demonstrate how the defendant breached an established duty of care. In negligent supervision cases, a breach is a failure to provide enough supervision to prevent harm or injury from happening. For example, a plaintiff can present evidence to demonstrate the defendant did not follow a standard practice, like checking in on a nursing home resident at a certain time interval.

Causation

There needs to be a clear link between the breach of duty and the injuries that were sustained. If there is any doubt that the defendant’s behavior while supervising clearly caused the damages presented in court, it could cause a judge or jury not to satisfy the plaintiff’s request for compensation. They may also ask for more evidence if the case seems likely but still needs more proof to establish this direct link.

Damages

The final element is proving that there were actual damages suffered in the case. This can include medical reports proving that treatment was necessary to repair physical injuries or the testimony of a therapist with whom the victim had sessions after the incident.

While it can seem overwhelming to satisfy these four elements, having the legal resources of a personal injury attorney can help ensure all of these requirements are met. It can prevent common pitfalls in which details are overlooked, causing the entire case to either be delayed or jeopardized entirely.

FAQs

Q: What Is the Negligence Rule in North Carolina?

A: The negligence rule in North Carolina is based on the state’s concept of “contributory negligence.” This means that even if a plaintiff is found to only be slightly at fault for their own injuries, they are prevented from recovering any damages from the defendant. That’s why these cases require an experienced attorney to help devise an indisputable legal strategy and ensure their client’s fault will not be proven.

Q: What Is an Example of Negligent Supervision?

A: One of the most common examples of negligent supervision in North Carolina is when a daycare center fails to monitor the children under their care. For example, if a staff member leaves a child unattended on the playground, they would be responsible if the child falls off a piece of equipment and injures themself. Because the staff had a duty to supervise, their negligence here makes them vulnerable to facing a negligent supervision claim.

Q: Is Negligent Supervision a Crime?

A: Negligent supervision is a concept of civil law, not a crime. Negligent supervision cases are civil personal injury claims in which the plaintiff seeks damages that occurred as a result of the defendant’s breach of their duty to supervise someone else. However, if a defendant broke any laws during the incident, they could be tried in criminal court as well.

Q: What Is the Outcome of a Negligent Supervision Case?

A: The outcome of a negligent supervision case can vary, but if the defendant is found liable, they will have to pay compensation to the plaintiff. In addition, they could face other indirect consequences. For instance, if they’re a daycare provider, they could lose their professional credibility. This could cause them to be fired, and it may make it difficult to find similar jobs in the future.

Contact Christina Rivenbark & Associates Today

If you or your loved one is a victim of negligent supervision, connect with an attorney as soon as you can. At Christina Rivenbark & Associates, we understand how distressed and hopeless our clients may feel in these cases. The legal process may seem intimidating, but we’re proud to restore your hope and hold the defendant accountable for their negligence.

Contact us today to see how we can help secure a settlement for your negligent supervision claim. We look forward to meeting you and learning more about your case.