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4 Factors To Determine Adequate Supervision In A Child Injury Suit

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Was your child recently injured while under the supervision of another adult? Perhaps at school, daycare, or a sporting event practice? If so, you may be able to file a suit against the school, organization, or even the adult who was in charge when the accident occurred. However, you'll likely have to show that the adults in charge weren't exercising adequate supervision.

This could be because they were negligent or because they didn't have the tools necessary to properly monitor the children. Adequate supervision can be a fluid term. Much depends on the specific circumstances surrounding your child's injury. Generally, here are the four factors courts consider when determining whether there was adequate supervision in place:

Age of the child. Different ages of children require different levels of supervision. A 10-year-old may be perfectly capable of handling scissors on his or her own. However, a kindergartner will likely require more hands-on supervision. In sports, a teenager may know on their own that they need to stretch before physical activity and that they should take frequent water breaks. A younger child may need to be told to do these things. A court will compare the level of supervision to the child's age to determine whether the supervision was sufficient.

Child's experience level. Aside from age, courts will look at how experienced the child was in the given activity and whether the adult in charge changed his or her supervision level accordingly. For example, if a child has played tackle football for many years, he may be proficient in safe and proper tackling form. A child who is playing for the first time probably needs more guidance so he doesn't hurt himself or others. Adults are expected to consider experience when providing supervision.

Nature of the activity. Another big consideration is exactly what the kids were doing at the time of the accident. Consider a physical education class. If the kids are simply walking around a track at a slow pace, then the teacher may be able to take a more relaxed approach to supervision. However, if they're involved in an intense game of dodgeball, the teacher should probably be more diligent.

Outside factors beyond the adult's control. Adults who are in charge of kids are expected to protect them from all dangers, even those beyond their control. This could include things like bullies on the playground, traffic passing nearby, or even adults who are trying to enter an activity area. If an adult or institution ignored these risks, they could be liable. Also, if they weren't aware of these types of risks, but should have been aware, they can also be liable.

You may want to consult with an accident attorney like Attorney Robert H. Astor in your area. They can review your case and determine whether there may be liability on the part of the school, organization, or adult in charge.