Can you sue a babysitter for negligence if your child is injured? 1 Answers as of October 19, 2010

While my daughter was at the park with her babysitter, she fell and broke her arm. Can we sue the babysitter for this injury, perhaps because of her negligence?

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
Yes, you can sue your baby-sitter if you can prove negligence, which is an unintentional failure to perform a duty to another person.

As the baby-sitter of a child, duty can be quickly established, especially if the baby-sitter is an adult. The baby-sitter may claim that your child did something to place himself/herself in danger, which would reduce the liability for the baby-sitter.

Sounds like you can prove injury and damages (medical expenses and pain and suffering in this case). Did the child ever suffer a broken arm before? If yes, the baby-sitter can claim that she had a pre-existing condition, which could reduce the damages part of your claim.

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Answer Applies to: California
Replied: 10/19/2010
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