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I was babysitting these three kids and they set me on fire. I go a 2nd degree burn on my thigh. The parents wouldn't pay. They said I was negligent. I can't sue the kids cause they are minors. Please help.

2006-08-09 06:23:45 · 29 answers · asked by Lady Love 1 in Politics & Government Law & Ethics

29 answers

Sometimes yes and sometimes no. You should watch People's Court with the Honorable Marilyn Milian, the hottest judge on tv. Or at least that's what they say in the opening.

2006-08-09 06:28:31 · answer #1 · answered by Anonymous · 0 0

The worst thing you can do is not pursue this. If you let those little demons get away with burning you without any punishment, who knows what will happen next time to another babysitter or worse yet a younger child. You may not get any money out of it, but at least you'll have the satisfaction that you might have prevented a tragedy. I'm sure the parents would rather pay a fine today than to really have to pay for something bigger down the line.

2006-08-09 06:30:32 · answer #2 · answered by El Teke 4 · 0 0

Yes you can sue because they are minor and even if you negligent there is absolutely no reason why they should have set you on fire these kids need some serious help so yes I would sue

2006-08-09 06:30:31 · answer #3 · answered by Anonymous · 0 0

Norm Junior was closest to the correct answer, but let me clairfy further:

A parent is only responsible (legally) if he/she was negligent in allowing/not preventing the action in question. For example: If the children had a propensity to light fires and the parents left a lighter or matches in an easly accessible place, they could be liable for damages. If the children had no such history and lighting materials were not left laying around, the parents probably could not be held liable. Get it? You can't just win a suit because kids do something and therefore the parents are automatically guilty.

2006-08-09 06:50:30 · answer #4 · answered by vinny_the_hack 5 · 0 0

You were the guardian at the time so you are responsible for your own injuries. If they got hurt while in your care the parents could actually sue you. I would suggest not babysitting these kids again and perhaps not babysitting at all if you aren't able to watch them closely enough that they were able to set a fire.

2006-08-09 06:31:07 · answer #5 · answered by Anonymous · 0 0

Yes. Parents are responsible financially for any damages their children cause. If you neighbors child sets fire to your car and you can prove it, the parents are liable. So therefore if a child sets you on fire they are liable for your medical costs and pain/suffering, time off work. Sounds like a small claims court case. The amount you get will depend on the circumstances in which the fire started (for example, were you not watching the kids and therefore they were playing with matches?) Hope you kept all of you medical bills.

2006-08-09 06:31:28 · answer #6 · answered by sukditup 3 · 0 0

As a lawyer, I can tell you that it depends on the state you're in. Some states impose an absolute right to sue the parents in all circumstances, while others say that it's all meaured by a "reasonableness" standard; that is, was the parent in charge of watching the child doing a reasonable job of watching the child and they did something completely unexpected, or was the parent aware of the circumstances and failed in stopping their child. I suggest talking to a lawyer to discuss details surrounding the accident and finding out what law applies in your state.

2006-08-09 06:40:18 · answer #7 · answered by NormJunior 2 · 0 0

Um how old were these brats? Yes I think you should contact a lawyer for a free consultation. They should have at least paid your medical expenses. Sounds as though they know the kids are a handful. I think I would call DCS , setting people on fire is a huge red flag that their are BIG problems emotionally.

2006-08-09 06:47:51 · answer #8 · answered by Anonymous · 0 0

you will have to sue the parents on the behalf of their kids. because they are minors you would have to sue the parents anyways. you would also need to prove that you were in no way negligent for you bieng sat on fire. looks like you have a tort case on your hands.

2006-08-09 06:30:45 · answer #9 · answered by Anonymous · 0 0

yes because they are minors. The parents are their legal guardians. So you can't sue the child you have to sue the parent. Sorry about what happened to you. Hope i could help!

2006-08-09 06:26:29 · answer #10 · answered by Hopeicouldhelp 4 · 0 0

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