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Daycare Negligence

November 22nd, 2016

Children are immersed in a world where everything is a lesson, and everything for them is new. From field trips to recreational activities, parents should always be on alert and ensure their wellness and safety. Sometimes parents expect their children to know better, however, at times that is not the case.

When children attend the school, they usually spend more time at school than with the parents. Since parents are consistently working and dealing with the everyday life they cannot be there for them every moment. In this case, we would entrust our children to the school or supervisor who watches for the safety of the kids. It is the schools or day care legal responsibility to ensure security and wellness of your children. What happens if your child suffered an accident because of the carelessness and negligence of the school or day care?

How do you legally define school or daycare supervision?
Essentially, there are different classes and levels that teachers and workers of the school must enforce which I will explain later. But for now, understand that there is no fixed or rule as to what is considered the proper supervision for children. However, listed below is a good rule of thumb when you are trying to figure out if the accident your child suffered was due to the negligence of another.

How to know if the accident your child suffered was negligent?
It all comes down to the age of your child, the type of activities, and the environment he or she is in. Here is a small list which would help you classify the level of supervision needed:

  • How old is your child?
  • The experience he or she might have
  • The type of recreational activities
  • What's the external environment?

Let's dissect the general classification into meaning

Age: If your child is in PRE-K doing arts and craft with scissors he/she may need a higher level of supervision.

Experience: A girl who is playing volleyball for four years would most likely not require the degree of supervision of one who has never played.

The type of activity: The child who is part of the book club may or may not need the same kind of supervision as a cooking class.

External factors: The best explanation would be to put it as an example. Let's say outside the school; a football field is much more dynamic than a classroom, and a field trip carries more dangers than a playground. The types of level of supervision vary depending on the external environment.

It is also the schools/supervisor’s role to secure the children from each other, other adults, and things such as abduction, abuse, and bullying. Schools and day care are responsible for any threat or danger which may occur to your child. It is the school's legal duty to minimize risks and ensure the wellness of your child. If a threat were ever to happen, the school must act accordingly and take the proper steps to protect your child from harm's way.

This blog post takes us back to the primary question: how do you define negligent child supervision? Essentially, it is the careless and negligence of the person/facility who have failed to protect your child from harm. There are several classifications of supervision as discussed above which helps generate an idea of how the school or supervisor should behave/respond and their legal responsibility of your child's wellness and security.


This article was authored by Percy Martinez, a Personal injury lawyer who practices law in Miami. This article is not meant as a legal consultation. Speak with your attorney of your state for more information if your child has suffered a negligent act because of a school, daycare or supervisor.