Duty to supervise children in your care?

Everyone is aware of their duty to supervise their own children. We keep them safe and prevent them from hurting others.  But what happens if you are hurt by someone else’s children?  This issue often arises in gyms and other establishments that offer childcare while the parents are using the facility.  When a child who is supposed to be supervised causes injury to someone else, who is responsible?

Some states hold parents responsible for injuries caused by their children, even when the child is not immediately in the parent’s care.  Virginia, however, imposes liability on parents only in very limited circumstances.  If a child willfully or maliciously damages public or private property, the parents can be held liable.[1]  If a parent allows a child under the age of 16 to drive a vehicle, then the parents can be held jointly liable for damages resulting from the minor’s negligence.[2]  Finally,  if the parents themselves engage in improper conduct which leads to the injury, they can be held liable.  However, aside from those limited exceptions, Virginia imposes no liability on parents for the actions of their children.

Diverse group of kids playing

What about a childcare provider or a facility offering childcare alongside other services?   

If parents are generally not responsible, can childcare facilities or businesses be held responsible if they offer to supervise children while adults use the facility? One important case on this issue is New Bay Shore Corp. v. Lewis.[3] In that case, a woman lost her balance and was injured when young boys riding on New Bay Shore’s merry-go-round moved from their seats in violation of the merry-go-round rules. The woman sued New Bay Shore for her injuries, and New Bay Shore claimed that it had no responsibility for the boys’ behavior. Consequently, they claimed that they owed no duty to the injured woman to prevent harm to her while on the merry-go-round.  The Supreme Court of Virginia rejected the claim that New Bay Shore was not liable for the actions of the boys.  The court stated:

“Children from 7 to 10 years of age often act upon childish instincts and impulses. They are thrilled and excited when permitted to ride on merry-go-rounds. It is natural for them, unless prevented from so doing, to take chances, move about on the platform, and change seats, with little or no regard for their own safety, or for the safety of others. These facts required defendant to exercise that degree of care and caution to prevent injury to those invited upon its premises that a reasonably prudent person would exercise under the same or similar circumstances.[4]

The Court ruled that the precise nature of the potential injury to a person need not be foreseen by the business, “but it is sufficient if an ordinarily careful and prudent person ought, under the same or similar circumstances, to have anticipated that an injury might probably result from the negligent acts.”[5]

The ruling in New Bay Shore shows the duty that a business owes to patrons who might be injured by the acts of children.  If a business undertakes to watch over children while the parents exercise, or shop, etc., then the business has to anticipate that the children might act up and hurt others.  Consequently, it has to exercise reasonable care necessary to prevent the youngsters in its charge from engaging in activities that might hurt others.

For example, if a gym is aware that young children use its facilities—or offers to supervise children while the parents exercise, the gym owes its patrons a duty “to exercise that degree of care and caution to prevent injury to those invited upon its premises that a reasonably prudent person would exercise under the same or similar circumstances.”

 

[1] Va. Code § 8.01-43 and 8.01-44.

[2] Va. Code § 8.01-64 and  § 46.2-335.

[3] 193 Va. 400 (1952).

[4] New Bay Shore, 193 Va. at 409, (emphasis added).

[5] Id., (citations omitted).

[1] Va. Code § 8.01-43 and 8.01-44.

[1] Va. Code § 8.01-64 and  § 46.2-335.

[1] 193 Va. 400 (1952).

[1] New Bay Shore, 193 Va. at 409, (emphasis added).

[1] Id., (citations omitted).