How Courts Determine Whether An Injured School Child Had Adequate Supervision At The Time Of The Injury


Everyone knows that children cannot take care of themselves as well as adults, which is why the law expects schools to provide adequate supervision for their students. This is why the issue of supervision will come up with your personal injury lawyer during the pursuit of damages for a child who was injured in school. Here are some of the things that determine the level of supervision that is considered adequate for a child:

The Age of the Child

All kids below the age of majority (typically 18) are often lumped together as "minors," but children of different age ranges have different abilities and maturity. For example, it doesn't make sense to expect a seven-year-old kid to have the same awareness and maturity as a 12-year-old one. Therefore, the court will consider the age of the child when determining the level of supervision they should have had from their teachers. Generally, the older the child, the less supervision they require.

The Exact Location of the Child

A school is a big place; in fact, a child in school doesn't have to be present within the physical boundaries of the actual school. For example, school kids frequently go on field trips or engage in activities that may take them out of the school's fence. Therefore, the court has to narrow down the exact location of the child during the injury because this also determines the level of supervision they should have had. For example, a child in a classroom may not require the same level of supervision they may need during a field trip that takes place near a busy highway.

The Activity the Child Was Engaged In

Some school activities tend to be more dangerous than others; the dangerous ones definitely require closer supervision than others. Therefore, the nature of the activity the child was engaged in will be examined so that the court can understand just how dangerous it was to the child. For example, a child performing an experiment in a science laboratory probably requires closer supervision than a child practicing poetry in the classroom.

The Child's Experience in the Activity

Lastly, the experience of the child in relation to the activity they are engaged in will also be considered. The rationale here is that the more experienced a child is in an activity, the less likely they are to get injured during the activity, and this also lowers the level of the required supervision. Therefore, a first-time swimmer requires closer supervision than another child who has been swimming for the last five years.


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