How To Prove A Texas Negligent Supervision Claim

 

 

In Texas, a claim of Negligent Supervision is defined as:

Negligent supervision occurs when someone who has a legal responsibility to supervise another, like a child, an employee, etc., fails to do so, and someone is harmed as a result.

It simply means:

When a care giver or supervisor does not properly monitor the person they are responsible for.

There are 3 elements of the claim:

• Element 1. The defendant had a duty to properly supervise their employees. The defendant was responsible for making sure their employees were doing their jobs correctly and safely, meaning they needed to watch over them and provide guidance to prevent any mistakes or harmful actions.
  

  Facts that might support this element look like:

  * The defendant is a business owner responsible for overseeing the actions of all employees during work hours.
  * The defendant implemented a formal training program that emphasized the importance of employee supervision and accountability.
  * The defendant had received prior complaints about employee misconduct, indicating a need for increased supervision.
  * The defendant’s policies required managers to monitor employee performance and behavior regularly.
  * The defendant was aware of the potential risks associated with unsupervised employees in their specific industry.

• Element 2. The defendant breached that duty. The defendant failed to properly oversee or manage the situation, which led to harm or injury, showing that they did not take the necessary steps to protect others from potential risks.
  

  Facts that might support this element look like:

  * The defendant failed to implement adequate training programs for employees, leading to a lack of awareness regarding safety protocols.
  * The defendant neglected to monitor employee interactions, resulting in a hostile work environment that contributed to the incident.
  * The defendant did not conduct regular performance evaluations, allowing employees with known behavioral issues to remain unsupervised.
  * The defendant ignored multiple complaints from staff about unsafe practices, demonstrating a disregard for employee welfare.
  * The defendant allowed employees to work without proper supervision during high-risk activities, increasing the likelihood of accidents.

• Element 3. This breach was the proximate cause of injury to the plaintiff. In a negligent supervision claim, this means that the failure to properly supervise directly led to the injury suffered by the person making the claim, showing a clear link between the lack of oversight and the harm that occurred.
  

  Facts that might support this element look like:

  * The employee was left unsupervised despite a history of aggressive behavior towards others.
  * The plaintiff was injured during an incident that occurred while the employee was unsupervised.
  * Witnesses reported that the employee’s actions directly led to the plaintiff’s injuries.
  * The lack of supervision allowed the employee to engage in reckless behavior without intervention.
  * The injuries sustained by the plaintiff were foreseeable given the employee’s prior conduct.

^{(See Morris v. JTM Materials, Inc., 78 SW 3d 28 – Tex: Court of Appeals, 2nd Dist. 2002. Otis Engineering Corp. v. Clark, 668 SW 2d 307 – Tex: Supreme Court 1983.)}
If you’re in court without a lawyer and plan to assert a Claim of Negligent Supervision, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your TX Negligent Supervision Claim

U.S. Civil Cases Only