Colorado Negligent Supervision: Holding Caregivers Liable

Children are inherently unpredictable. While their innocence and curiosity drive them to explore, this can sometimes lead to unintended consequences—whether accidentally breaking an item, injuring someone, or engaging in risky behavior. When such incidents occur, a common question arises: can caregivers be held legally responsible for the actions of minor children in Colorado? The Colorado personal injury law firm of Bowman Law has prepared this article to shed light on negligent supervision, explaining when caregivers may be held accountable for their children’s actions under Colorado law.

Negligent Supervision of a Child in Colorado

Negligent supervision means someone with a legal responsibility to watch over another fails to do so, leading to harm or injury to others. Unfortunately, Colorado negligent supervision claims often involve unsupervised children. Children need adequate adult supervision to avoid potentially dangerous circumstances. 

It is important to make clear parents are not the only parties at risk of a negligent supervision claim in Colorado. Any appointed supervisor must take their responsibility seriously. They must pay attention to the children in his or her care, watch carefully for signs of problems, remain sober, and be prepared to intervene at any moment to protect the children. The following non-exhaustive list represents various parties who could be responsible for the actions of children in a negligent supervision claim: 

• Foster parent;
• Temporary guardian;
• Grandparent;
• Teachers;
• School officials;
• Coaches;
• Nannies or babysitters;
• Daycare workers;
• Young group leaders;
• Church leaders;
• Camp counselors.

If a supervisor falls short of his or her responsibilities when watching children and a child is injured as a result, the injured party may pursue a negligent supervision claim. For an injured party to succeed in a negligent supervision claim against a caregiver, four key elements must typically be proven:

1. Propensity for Harm: The child has a known tendency to engage in harmful or dangerous behavior.
2. Parental Knowledge: The parent either knows or reasonably should know about the child’s tendency.
3. Ability to Control: The parent has the opportunity and capacity to control or restrict the child’s actions.
4. Causation: The parent’s failure to supervise is the direct, or “proximate,” cause of the resulting injury or damage.

These criteria reflect the underlying principle that caregivers have a duty to control children’s actions when they are aware—or should be aware—they may cause harm. 

Example of Colorado Negligent Supervision

Consider a scenario involving negligent supervision of a child in Colorado: a child has a history of biting other children—a behavior known to their parent, who has previously discussed the issue with the child’s daycare provider. Despite this knowledge, the parent brings the child to a park, where the child starts showing signs of aggressive behavior. Instead of intervening, the parent allows the child to continue, leading to the child biting another child and causing injury.

In this case, the parent could be held liable under negligent supervision because:

• The child has a known tendency to bite (propensity for harm).
• The parent is aware of this behavior (knowledge).
• The parent is present and able to intervene (ability to control).
• The parent’s failure to supervise directly leads to the injury (causation).

Proving a Colorado Negligent Supervision Claim

In a negligent supervision claim, the injured party must prove the party responsible for the action so a negligent child is at fault for the injury being claimed. The burden of proof is a preponderance of the evidence, or enough evidence to show the at-fault party caused the injury with more than a 50% likelihood. The elements of proof are:

• The defendant accepted responsibility to supervise the injured party;
• The defendant failed to properly supervise or monitor the injured party;
• The victim’s injury was a foreseeable and direct result of negligent supervision.

The evidence available to support a claim may include eyewitness statements, surveillance footage of the incident, employment records and supervision schedules kept by an employer, any previous complaints filed against the school or facility, photographs, physical evidence from the scene of the accident, medical records, and expert testimony.

Proximate Cause in Colorado Negligent Supervision Cases

In cases of negligent supervision, “proximate cause” is the link that connects the parent’s failure to supervise with the resulting harm. To establish proximate cause, it must be shown that the harm was a foreseeable result of the parent’s actions (or lack thereof). In other words, the parent’s neglect in controlling their child must be directly responsible for the incident. Distinguishing proximate cause from “actual cause” can be helpful; proximate cause focuses on foreseeability, while actual cause is the specific action that set the event into motion.

Recovering Through Homeowners or Renters Insurance

If a child’s actions lead to injury or property damage, the injured party may seek recovery from the parent’s homeowners or renters insurance policy. This option can be invaluable when parents cannot cover costs directly. In such cases, personal liability coverage in homeowners and renters insurance policies often protects against accidental or negligent acts, including cases where negligent supervision of a child in Colorado results in harm.

It is important to note that homeowners and renters insurance usually exclude coverage for intentional acts, such as if a child deliberately harms another person. However, if the parent’s failure to supervise their child is considered negligent—rather than intentional—the insurance policy may provide coverage, thus allowing recovery through the parent’s liability insurance.

One benefit of personal liability coverage in both homeowners and renters insurance is that it can apply even if the incident occurs away from the parent’s home. This can be essential in cases where the child causes harm or damage in a public or private setting outside the family’s property.

Steps for Recovery Through Insurance

1. Identify the Policy: After an incident, the plaintiff or their attorney should determine if the parent has homeowners or renters insurance. This information can usually be obtained from the parent or their legal representative.
2. File a Claim: If insurance is in place, the plaintiff can file a claim with the insurer. This process typically requires documentation, such as incident reports, medical records, and evidence of damages.
3. Insurance Investigation: The insurance company will investigate to assess the claim’s validity, focusing on whether the incident falls within policy coverage and if negligent supervision was involved.
4. Settlement or Legal Action: If the insurance company agrees with the claim, it may offer a settlement. If not, the plaintiff may pursue legal action against both the parent and the insurance provider.

Contact Our Colorado Personal Injury Law Firm

At Bowman Law, we recognize the profound impact a personal injury can have on your life. Our Colorado personal injury law firm understand the overwhelming challenges you may be facing after an injury to your child. You do not have to go at it alone. Let us help. Our personal injury law firm is committed to providing compassionate, personalized legal representation to help you navigate this challenging time.

Our client-first approach ensures your needs are at the forefront of everything we do. We pride ourselves on transparency, integrity, and clear communication, guiding you through each step of the legal process. From initial consultation to the resolution of your case, we will guide you through the process. Our goal is to alleviate the stress of legal proceedings so you can focus on your recovery. With a proven record of success, we are dedicated to securing the compensation you deserve.

If you or a loved one has been injured due to someone else’s negligence, do not face the challenges alone. Please send us a message or call us at 720-863-6904 to schedule a free case evaluation. Remember, you have one chance at attaining full and complete justice, and we are here to ensure you seize it. Let Colorado’s top-rated personal injury law firm fight for your rights, protect your interests, and deliver the justice you deserve. We serve clients across Colorado’s Front Range and beyond, including Denver, Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora. Call us now and take the first step toward reclaiming your life.