Imagine leaving your child home alone with a new babysitter. You heard great things about him/her; he/she has experience and is always on time. He/She often stays late for families, knows how to cook and comes at a reasonable rate.
You thought nothing could work out better than this situation, but not more than two hours after you leave, you receive a call from the local hospital. Your child was badly burned in the kitchen while the babysitter made dinner.
You’re furious, and rightly so. A good babysitter would make sure the child stays out of the kitchen or, at the very least, away from hazards like the oven or hot water. Is the babysitter liable for your child’s injuries, though?
Determining Liability
Sometimes, accidents aren’t anyone’s fault. For example, if your child was playing outside and fell while running, you may not be able to prove that anyone’s liable. Simply falling and getting hurt doesn’t provide enough evidence of negligence. However, in the case of your child, the babysitter should have been in the kitchen, monitoring the oven and hot foods. If he/she stepped out, was on the phone or was otherwise negligent, it’s possible that he/she could be held liable for your child’s wounds.
Filing A Claim
It’s not common for young babysitters to have insurance, which may mean that you have to file a personal injury claim. However, some do carry insurance for emergencies. If yours does, then you can seek a claim against the insurance company for the medical bills and lost wages you may have because of the accident.
For further information or to schedule a consultation please contact Merdes Law Office, P.C. at 866.452.3741 or visit www.merdes.com. And while we hope you never need us … We’re here if you do.
Source: “Are Babysitters Liable for a Child’s Injuries?,” Mayo Clinic
