Neglect/lack of supervision is defined as the failure to provide adequate supervision, food, or shelter and can be committed by a parent, family member, foster family, teacher, daycare worker, or anyone else who has been entrusted with the care of a child. While cases of child abuse receive more publicity, neglect is actually just as dangerous and a more common occurrence, with 60% of cases reported to Child Protective Services (CPS) involving some form of neglect or lack of supervision.
If your child has been injured due to neglect/lack of supervision, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
Definition of Neglect
Neglect comes in many forms and all pose a threat to children and their safety. Examples of child neglect/lack of supervision include:
- Physical neglect-If a child is poorly fed, clothed, or improperly sheltered for at least two (2) days, or they are forcibly expelled from their home or a care environment without arrangements being made, it is considered physical neglect.
- Medical neglect-Medical neglect occurs when a caregiver or parent ignores or denies treatment for an illness or injury.
- Lack of supervision-Allowing a child to behave in an unsafe manner, exposing children to dangerous items, knowingly leaving a child with an unsafe caregiver, or leaving a child unattended for too long constitutes lack of supervision.
Legal Liability in Neglect/Lack of Supervision
Under the Federal Child Abuse Prevention and Treatment Act, any recent act, or the failure to act, by a parent or caregiver that results in serious physical or emotional harm to a child can result in criminal prosecution and penalties with the possibility of civil liability as well.
Civil liability involves the theory of negligence. Under negligence, a plaintiff must prove four elements, which include:
- Duty of care-Anyone that undertakes responsibility of a child is responsible for providing a safe environment, protect them from harm, and includes not neglecting the child.
- Breach of duty-Child abuse, neglect, and lack of supervision constitutes a breach of the duty entrusted to a caregiver if the child was injured physically, psychologically, or both.
- Causation-For negligence to be established, it must be shown that the neglect/lack of supervision was the direct cause of a child’s injuries.
- Damages-A child who has suffered neglect/lack of supervision due to the negligence of another person and has suffered an injury because of this would be entitled to compensation for their injuries and damages.
Claims for neglect/lack of supervision can be brought against anyone who owed a child a duty of care. This can include a private babysitter, daycare employee, youth camp counselor, teachers, and the employers of the negligent employee, although some employees and their employers who are considered public entities may be immune from liability to some extent depending on the circumstances of the case.
If your child suffered an injury or death due to neglect/lack of supervision, contact an experienced personal injury lawyer to review your case. The lawyers at Mike Agruss Law can determine who is liable for your child’s injuries and what compensation they may be entitled to.
We at Mike Agruss Law are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected], or schedule a meeting with us here. We’re here 24/7.
