Negligent supervision claims in North Carolina arise when either an individual or an entity fails to properly oversee the actions of another person, usually an employee. This failure leads to an injury and qualifies the injured person for a personal injury claim. The claim holds the employer or entity responsible for their oversight failure. 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
Many scenarios 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. There were approximately 81,100 nonfatal occupational illnesses and injuries and 196 occupational fatalities in North Carolina in 2024. Negligent supervision in the workplace can harm employees, clients, customers, and other parties on the worksite.
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. This claim may be filed directly against an employee for their failure. A claim may also be filed against an employer through vicarious liability, but the employer is often directly liable for failing to ensure employees are completing their work.
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. Negligent supervision can even result in abuse committed by employees in these facilities. Nationally, studies estimate that 10% of individuals 65 and older suffer abuse, with higher rates in nursing homes and similar facilities.
Employees can be held liable for their lack of supervision. Facilities can be held liable for failing to ensure the security and supervision of residents or for failing to ensure that employees are providing necessary care and treatment.
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 achieve success with 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. There should be no doubt that the defendant’s behavior while supervising clearly caused the damages presented in court. If there is doubt, 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 a 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 you meet all of these requirements. It can prevent common pitfalls in which details are overlooked, causing the entire case to either be delayed or jeopardized entirely.
Negligent Supervision, Hiring, and Retention
Negligent supervision is not the only form of negligence that employers can engage in. Even before negligent supervision, employers can fail to take proper care when hiring or keeping employees on their staff.
Negligent Hiring
This occurs when employers hire individuals and fail to perform proper checks necessary for the level of trust the position requires. Employers may fail to run a background check, or run a background check and ignore an existing criminal history. Failing to run reference checks to assess an individual’s past work may also be considered negligent.
If the employer should have known not to hire an employee based on these checks but ignored the information or did not complete the checks, the employer could be liable when the employee causes harm.
Negligent Retention
This occurs when an employer keeps an employee on their staff despite receiving complaints or other information about behavior. This can include incompetence, failure to complete their work, or even violence. When these complaints are ignored and the same or related behavior results in injuries and harm to others, the employer might be liable for failing to fire the employee.
Impact on Negligent Supervision Claims
Negligent hiring and retention are steps in employer negligence, with negligent supervision being the final way that employers can fail to take proper care. Employers might be responsible for one of these acts of negligence or all three. A claim holds employers liable for their failures when those failures lead to harm by employees, even outside of their job duties.
Negligent Supervision and Independent Contractors
An employer may claim that workers are independent contractors, meaning the employer cannot be held liable for the workers’ actions. This can potentially limit certain claims, as employers are not meant to provide as much oversight for independent contractors and carry less liability.
However, negligent hiring can still apply. If an employer fails to assess the credentials, past work, safety record, or licensing of an independent contractor, the employer can be liable if the contractor causes harm to clients, employees, or other parties.
FAQs
What Is the Negligence Rule in North Carolina?
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 be only 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 a strong legal strategy and work to prevent their client’s fault from being proven.
What Is an Example of Negligent Supervision?
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.
Is Negligent Supervision a Crime?
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.
What Is the Outcome of a Negligent Supervision Case?
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 and Hire a Negligent Supervision Lawyer
If you or your loved one is a victim of negligent supervision, hire a negligent supervision lawyer 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.
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