Can I sue the babysitter for negligence?
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?
Answered By: The Lucky Law Firm, PLC
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.
Answer Applies to: Louisiana
Replied: 11/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Louisiana
Replied: 11/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Joel H. Schwartz, P.C.
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.
Answer Applies to: Massachusetts
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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