I have a friend who is a babysitter and she was watching this 9month old boy, and he was on her bed which is maybe 1ft off the ground..(doesn't have a box spring or frame only mattress) and he fell of head first and hit his head and got a bump and bruise no serious injuries..she was right there in the room was just getting dressed and couldn't move fast enough to catch him. Could the parents sue her?
If she was negligent in allowing the baby to fall in theory she could be sued. However, in light of the minor nature of the injuries and the likely modest financial assets that the babysitter has, a suit is unlikely.
I agree with Mr. Wolf. In any personal injury scenario, there are two things to consider: the nature of the injuries and the "pot of gold" to go after. In this case, neither appear to be significant enough to warrant the time and expense of filing a lawsuit. This does not mean the parents won't threaten to sue, however.
Yes, but on these facts it does not appear that a lawsuit is warranted or viable. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Could sue but have to show "damages" meaning medical treatment, bills, etc. And not some bills and ER visit with nothing found wrong. Look my mom dropped me on my head when I was about 4. There are photos of her holding me with a big knot on my forehead....... mom certainly didn't mean to drop me, so she says. I turned out OK, some say. So your friend should be OK. I dropped my daughter, caught her finger in a car window and at the gym walked her right into the end of a barbell. She's OK. Kids get dropped, bumped, cut, etc, it's all part of life.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
The short answer is yes she can get sued, but the person bringing suit would need to prove she had all elements of duty, breach, causation, and damages. I think in this case, they might be able to establish all four, but the injuries/damages are likely minor given the facts you provided. Also, if the friend lives in her parents house, she may be covered under her parents homeowner's and umbrella coverage (if parents have it), so the "pot of gold" could be present through Mom and Dad's coverage. Not likely that will happen given the facts you've put forward. Thanks for your question.
In this country, you can sue anyone for anything, but she because you can, doesn't mean you should. Fist off, let's assume that this babysitter isn't a minor under 18. If the baby sitter is an adult and she was negligent in the care of the baby, yes she could be sued. The problem really is a practical one. What could one hope to achieve by suing a young person who serves as baby sitter who probably has no assets to their name and a limited income. It really just doesn't make practical sense, and you are probably not going to find any lawyer interested in pursuing such a case, at least, not on a contingency fee basis.
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