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?

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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.

Answered By: Law Office of James L. Miller

Does your sister own a home? If she does you could file a claim under her home owners insurance since the incident happened in her home. There are different factors that are looked at when trying to prove negligence and you must prove each one of them With the info you have given here it is hard to say there is a negligence claim.

Answer Applies to: California
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.

Answered By: Law Office of Mark J. Leonardo

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.

Answer Applies to: California
Replied: 10/27/2011

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: The Law Office of Harry E. Hudson, Jr.

You can sue, but you have not said anything that demonstrates she was in fact negligent. You should talk to a PI attorney and relate all the facts.

Answer Applies to: California
Replied: 10/27/2011

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.