BABYSITTER INJURIES: CAN I TAKE LEGAL ACTION?
Deciding to leave a child with a babysitter is a tough decision that most parents think about very carefully. Most people use extreme caution when choosing a sitter, taking the time to check references and get to know that person in order to ensure their child’s safety. When kids are injured while in the care of a babysitter, a parent can experience a multitude of emotions ranging from shock to anger as a result.
Causes of Babysitter Injuries
Children can be injured in the care of a babysitter in a number of ways, and some of the most common reasons for injuries include:
- Sitters who take on more children than they can reasonably manage
- Diverting attention away from the children being watched
- Taking kids to places they should not go
- Entrusting them to the care of another after the parents leave
- Allowing children to participate in activities that are not age appropriate
- Providing unsafe conditions
- Leaving young children alone
To make matters worse, child care providers sometimes try to cover up the fact that a kid was injured because they fear repercussions. This is often the case with very young children who are unable to communicate their injuries. As a result, some conditions may actually become worse due to lack of immediate medical attention.
Responsibilities during Babysitting
Anyone who agrees to care for a child has a responsibility to provide for his or her safety during that time. Some of the things a sitter is required to do are:
- Maintain a safe environment
- Properly supervise children
- Protect them from dangerous situations
- Notify parents immediately of any problems that may occur
In order to prove babysitter negligence, Texas courts will normally require parents to prove that there was indeed an actual caregiver relationship established first. The presence of a written or verbal agreement to care for a child is normally enough to meet that burden of proof. After that, moms and dads will need to show that a babysitter’s actions or lack of actions actually led to the injury in question.
Making a claim for damages against a babysitter is never an easy thing to do, especially whenever that person is a close friend or relative. In order to navigate the legal process, it can sometimes help to speak with a personal injury attorney who can advise people of their rights while also helping the situation from escalating any further than it already has.
It’s difficult for the average individual to take a babysitter to court and win without the assistance of a legal professional. However, with proper representation, you can win your case and get money to help pay for your child’s injuries. Call 713-222-1222 today to schedule a free case review.
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