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OCT CHILD SUPERVISION AND LIABILITY

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When you take your child to school or drop them off at a daycare center, you are leaving them in the care of someone else. You have a right to expect that your child will be well supervised while they are out of your hands, but what happens if they are injured? Here is how liability works in this type of situation: 

When you take your child to school or drop them off at a daycare center, you are leaving them in the care of someone else. You have a right to expect that your child will be well supervised while they are out of your hands, but what happens if they are injured? Here is how liability works in this type of situation:

Schools and daycare centers are legally obligated to go to reasonable lengths to keep the children under their supervision safe. Their supervision must meet standards of adequacy. "Adequate supervision" varies depending on the circumstances. Different students may require different levels of supervision and at different times in the day or throughout the week. Here are some guidelines that can help determine what level of supervision is appropriate:

  1. The age of the child - A younger child will require much more careful observation while around sharp objects such as scissors than an older child would.

  2. How experienced or mature the child is - A mature child may know not to run into the street, while a less experienced child would require more careful supervision to keep them safe.

  3. What activity they are taking part in - Children on a field trip in a more chaotic environment will require more observation than if they are participating in a quiet activity within the classroom.

  4. Factors that cannot be controlled by the supervisor - It is impossible to expect a caregiver to control every factor in a child's environment. They may be able to control most every aspect of the classroom environment, but the playground has many more variables that can be difficult to control.

In addition to protecting students in certain environments and during certain activities, care facilities are also responsible for protecting children from bullying or other harm from students as well as abuse from adults or abduction.

If a school or daycare facility has failed to meet these requirements for adequate supervision and a child has suffered because of it, then the facility or program can be held liable for their negligent supervision.

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