A provider of day care services is under a duty to adequately supervise the children in its charge, and may be held liable for foreseeable injuries proximately related to the absence of adequate supervision. In stating a claim of negligent supervision, the plaintiff is not required to exclude every other possible cause, but need only offer evidence from which proximate cause may be reasonably inferred. The burden of proof is satisfied if the possibility of another explanation for the event is sufficiently remote or technical to enable the jury to reach its verdict based not upon speculation, but upon the logical inferences to be drawn from the evidence.
A.D.G. v. Children's Ark Daycare Ctr., Inc., NY Slip Op 05959 (2d Dep't July 31, 2019)
Here is the decision.
