Negligent Supervision Law and Legal Definition

Negligent supervision is a tort that may apply in various contexts such as supervision of employees, children, or adults. Negligent supervision is a variant of the common law tort of negligence, therefore breach of duty is proven in the same way as other negligence cases. In some instances it is described as whether a reasonable person could have foreseen that injuries of the type suffered would likely occur under the circumstances.

A claim of negligent supervision is addressed by § 213 of the Restatement (Second) of Agency, which provides:

A person conducting an activity through servants or other agents is subject to liability for harm resulting from his conduct if he is negligent or reckless . . . in the employment of improper persons or instrumentalities in work involving risk of harm to others: in the supervision of the activity; or . . . in permitting, or failing to prevent, negligent or other tortious conduct by persons, whether or not his servants or agents, upon premises or with instrumentalities under his control.

Restatement (Second) of Agency § 213 (1958).