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Jason R. Schultz P.C

Q:
Can I file a claim against an unlicensed, negligent babysitter such as a neighbor?

A:

It may be possible to file a claim against an unlicensed, negligent babysitter in Atlanta, such as a neighbor. This will depend on whether or not you can prove the individual’s careless or reckless actions were to blame for your child’s injuries.

Injuries Caused by a Negligent Babysitter

The good news is that licensure doesn’t impact liability if the babysitter’s negligence is to blame for a child’s injury. A babysitter may be negligent under various circumstances:

  • Lack of supervision. A common scenario that might lead to injury is when a babysitter fails to properly supervise a child. For instance, the babysitter leaves the back door unlocked and the gate to the pool open. As a result, the child in his/her care wanders off and falls into the pool. If this is the reason for a child’s injuries, parents may pursue a liability claim against the negligent babysitter.
  • Lack of care. Another situation in which a babysitter could be accountable for a child’s injuries is a case of inadequate care. An example would be a child whose medical condition requires medication and the babysitter fails to give it or overmedicates the child. As a result, the child becomes very ill.
  • Traffic accidents. If the babysitter was driving a child somewhere and was involved in a car accident that was his/her fault, the parents may file a claim against the babysitter. The babysitter’s insurance may cover the child’s injuries in some cases, though parents may pursue additional legal action if the babysitter has no coverage or does not have enough to cover all damages.

Contact an Attorney if a Child Was Injured While under a Babysitter’s Care

The U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention concedes in an article, “Crimes Against Children by Babysitters,” that crimes of negligence often go unreported to police. If parents suspect negligence occurs, without obvious injury, then they tend to simply terminate a babysitter’s employment.

Thus, proving negligence in a babysitting claim can be complicated. Seek legal advice in Atlanta if your child’s serious injuries occurred while under the care of a babysitter for both your family’s and future families’ safety. An attorney can determine if there is a viable case and help establish liability. Call Jason R. Schultz at 404-474-0804.

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