We have cases that consist of what we call negligent security or negligent supervision. This sometimes happens with children in schools. Schools, daycares, and certain other businesses and facilities have a duty to supervise not only the people in their care or the children in their care, but their employees.
We’ve had way too many cases, unfortunately, with daycares, schools, and after-school programs where very young children are just not properly supervised. You have 12, 13, 14, or 15 children in a room filled with toys, Legos, blocks, coloring books, desks, and chairs. I’ve seen surveillance videos where they’re just thrown all over the place. It’s a scene out of a movie.
Unfortunately, there’s not proper supervision. You sometimes only have one person trying to watch all of these children, and it’s unsafe. It’s an unsafe environment. So, when we speak of negligent supervision, that’s just one example.
Another example would be negligent security, where there’s an area that is supposed to have supervision, whether it be a security guard or a security officer, especially in an area that’s known to have a high rate of burglaries or break-ins or to be dangerous.
There’s a criminal element in the world. Unfortunately, we live with that. Certain facilities are obligated under the law in New York to have proper supervision and proper security.
So, it involves a very thorough investigation when somebody is injured or assaulted on a property to see whether or not the owner of that property and those in charge of providing security have done their due diligence and acted reasonably. If they haven’t, then that’s when a lawsuit results.