QUESTION
Can I sue the babysitter for negligence?
Asked on Oct 27th, 2011 on Personal Injury - Texas
More details to this question:
My sister watched my kids overnight at her house. While at her house, my son broke his femur. She never called or tried to get in contact with me to know something was wrong. He had a broken leg for hours. She says when she showered and something must have happened. He has no medical coverage. Could I sue her for medical bills due to her negligence?
18 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Assuming that this incident occurred within the applicable statute of limitations (2 years in Indiana), you can sue. You will have the burden of proving by a preponderance of the evidence that your sister was negligent in some way that caused your son's injuries. You can recover on your son's behalf his medical bills and pain and suffering. However, before suing your sister, I would check to see if her homeowner's insurance has any med pay coverage. If all you want is the medical bills paid, that might take care of it.
Answered on Feb 20th, 2012 at 3:49 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You could sue her for the alleged negligence. However, you will have to prove that because of her negligence, your son was injured. If you prevail, then the next step is recovering from your sister. Therefore, your sister has to be financially able to pay for the damages.
Answered on Nov 04th, 2011 at 10:39 AM
You can sue anybody for anything, but a more important question is can you win and get paid? If you can't win or get paid being able to sue someone is worthless. My advice is to stop smoking and drinking and with the money you save buy health insurance.
Answered on Oct 31st, 2011 at 1:37 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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One question is whether leaving your child alone to take a shower was negligent. For example, if you ever leave the child alone while you take a shower, then it will be difficult for you to say it is negligent that your sister did this. If your son requires constant supervision so that he can never be left alone, then her actions might be considered negligent. Her actions after the accident are irrelevant, unless her failure to get immediate medical care caused the bills to be higher. Another question in deciding whether to sue is whether your sister has insurance (such as homeowners) to cover this, or if she doesn't, does she have assets to pay a judgment. If she does not own a home it will be difficult to collect any judgment (it is difficult to collect from personal property such as cars, etc.) If she does have homeowners insurance, it might be worthwhile to file a claim. Some homeowners policies pay for medical bills regardless of fault.
Answered on Oct 28th, 2011 at 1:02 PM
If you can show that your sister's wrongdoing or negligence was the cause of your son's broken leg, then yes. With the information you provided, it doesn't sound like you know how your son's leg was broken. A child can fall, for example, with a parent standing right there. It doesn't mean the parent did anything wrong. Arguably your sister should have contacted you immediately, but waiting a few hours did not necessarily cause any additional injury to your son. You would need to show either 1) your sister caused the broken leg injury or 2) her doing nothing about the leg for a few hours caused additional injury to him.
Answered on Oct 28th, 2011 at 12:46 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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If your sister has homeowner's insurance there may be medical payments coverage ("med-pay") that will pay the medical bills. Ask her to look at her policy to see. It might solve the problem.
Answered on Oct 27th, 2011 at 11:32 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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What negligence? You don't know what happened.
Answered on Oct 27th, 2011 at 11:14 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You child may have a suit, but your sister probably has assets to satisfy a judgment if you won.
Answered on Oct 27th, 2011 at 10:46 PM
Showing negligence in this situation might be difficult, depending on the age of your son and what actually caused the injury. Also, unless the injury was caused by an unsafe condition, it is unlikely there is any liability insurance coverage that would cover the damages. Finally, it might not be the best idea to sue your sister.
Answered on Oct 27th, 2011 at 9:32 PM
Gary Moore
I would hope that your sister has a homeowner's policy so that you might be able to file a claim under her policy.
Answered on Oct 27th, 2011 at 9:04 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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Normally, a person who provides care to a minor has a duty to do so reasonably. If that person failed to do this and the failure caused the injury, then that person may be responsible for the injuries and damages including medical expenses. You should consult with a personal injury attorney who can review all of the facts and give you particular advice on how to proceed.
Answered on Oct 27th, 2011 at 8:56 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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What did she do to cause the broken leg? If she was negligent in causing the injury, then yes; or if she knew he was engaging in a dangerous activity (e.g, jumping off the roof), and let it go on, then perhaps. But if your son was doing goofy stuff on his own, then you really have no claim against your sister. Since it happened at her house, her homeowners insurance should pay under the med-pay provision (usually around $5000) regardless of fault.
Answered on Oct 27th, 2011 at 8:53 PM
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Your sister may be liable for negligence for failure to properly supervise the child. The extent of her liability will depend on the actual facts of how the child was hurt, his age and the circumstances. The question is-will you be able to collect any judgment? That is a question of whether or not your sister has available insurance coverage to cover her liability, such as a homeowners or renter's insurance policy.
Answered on Oct 27th, 2011 at 8:52 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Why would you sue your dear sister? What did she do or not do that contributed to the injury? If your son was horsing around, and fell, injuring himself, that is not negligence. Too bad Obamacare won't kick in soon enough. If you sister has homeowners' or renter's insurance, there may be coverage for medical expenses for any injuries that occur on the premises, regardless who is at fault.
Answered on Oct 27th, 2011 at 8:51 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Probably not unless her negligence was the cause of the injury. Just because she didn't tell you about it right away didn't lead to the cause of his injury. However, your sister probably has medical payments coverage on her house that perhaps might cover some of the medical bills up to the limits of her med pay coverage.
Answered on Oct 27th, 2011 at 8:38 PM
New User
You can only collect if the injury was due to negligence on her part.
Answered on Oct 27th, 2011 at 8:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You would have to prove that he broke his leg due to something she did or failed to do, and that she knew or should have known that he might become injured as a result.
Answered on Oct 27th, 2011 at 8:12 PM
Assault Attorney serving Richardson, TX
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Since you will have to finance the suit she needs to have money to satisfy any judgment. It is your decision if you wish to take the risk.
Answered on Oct 27th, 2011 at 8:03 PM