While at the babysitters, my ds (6yr) had a squabble w/ another child 10 yrs old. (as children tend to do, one wants to continue playing and the other says no.)
They had been playing with this child's laptop for the pior 3 days sharring fine. My ds commented he wanted a 'Webkins',
apparently they were going on-line.* (I figured it was a childs PC and the babysitter seemed ok w/ it.) I was under the impression it was a child's type toy Until day 4 when it was damaged, it was a "$3,000 toshiba widescreen laptop". (Why would the parent allow a child to bring an expensive toy to share w/other children in the 1st place.. )
Why wasn't sitter in room oversee activities of children (if online?) so disagreement did not "escalate to the point of my son's hand getting crushed against screen & keyboard?" Plastic screen crinkle that causes a black dark line when turned on - but still works.
Any suggestions on how I should proceed am I obligated?
What is are responsiblity?
2007-06-20 00:13:51 · 5 answers · asked by Joy 3 in Politics & Government ➔ Law & Ethics
What you are faced here with is responsibility. Who is Responsible. Unfortunately there is no law against stupidity, so your arguement about the parent allowing the child to have a 3,000 lap top is out. Your next path is the sitter, Now this becomes troubled water, you have to prove the sitter was being negligent, Since you weren't there you are getting what is called hear say or secondary narrative. What I would do is sit down with all three parties, don't finger point, but try to determine if a three way split of the responsibility can be shared, Its an unfortunate incident, Best of luck. I hope this helps.
2007-06-20 00:30:41 · answer #1 · answered by Ron N 5 · 1⤊ 1⤋
You are not legally responsible for the damage to the laptop.
If I understand this, the "babysitter" is running an unlicensed day care facility. That's where the real problem is. If the sitter had insurance that is appropriate to a daycare facility, it would respond under the "property of others" coverage. Maybe she has this coverage, but I would not bank on it.
A parent is not responsible for the acts of children, with limited exceptions when the child is acting out in the parent's presence and the parent does nothing, or when public property is damaged.
One who sends an electronic device to a day care facility with a ten year-old is assuming the risk that the usual and ordinary perils of that environment will imperil the device. "Assumption of risk" is a complete defense.
The other parents should inquire of their insurance whether they have coverage for the computer. My guess is that probably they don't, off-premises property usually is not coveed by a homeowners' or renters' policy. But they should ask. In the meantime, they have round objects the size of grapfruits if they expect you to do anything more than tsk sympathetically. What's more, if your description is accurate, the machine was damaged, not by your child, but by their child when s/he closed the machine on your son's hand.
2007-06-20 00:34:58 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Do you have a settlement with the babysitter? i'm a relatives new child care provider and in my assertion it says that i do no longer enable toys from domicile, yet whilst they do convey (as some mom and dad insist that they could no longer get them out of the vehicle with out them) them i'm no longer to blame, they are for any damages. many times I enable them to play with it for greater or less 10 minutes then I place them of their cubbies. babies are going to argue and combat over issues, particularly new and funky toys. i think of the determine and the babysitter could be to blame for the workstation. The determine don't have enable the new child convey it. The babysitter could have supervised using it in any respect situations. additionally the babysitter assumes accountability of your new child's habit whilst they are of their care. i could in simple terms carry mom and dad to blame if a new child have been out of control and extremely broke some thing on purpose out of spite or revenge. A 6 12 months previous isn't the right age to appreciate the thank you to look after a working laptop or workstation and could no longer understand the implications of their strikes with one besides. If the ten 12 months previous advance into attempting to close it with your new child's hand in it i could say that that is greater the ten 12 months olds fault besides. in case you opt for to assist contibute, you will possibly be able to desire to tell them you pays a million/4 of the value to have it repaired, yet no longer for a clean one. good luck. i could advise having a criminal settlement with any long term sitter, to place out issues like this in writing.
2016-10-08 21:06:59 · answer #3 · answered by yousef 4 · 0⤊ 0⤋
Although you can argue about the "why? of the situation, your child did do the damage. I'd first try and see if it could be repaired. If not, then you are on the hook for a new one. A tough lesson for all.
2007-06-20 00:25:19 · answer #4 · answered by Beau R 7 · 1⤊ 1⤋
they were both in fault the screen can be fix with used screen and both child parents should pay for the repair and if the don't what to pay for anything then you don't its not yours anyway and if they went to it would cost more then the laptop to be fixed!!
2007-06-20 00:35:59 · answer #5 · answered by Anonymous · 1⤊ 0⤋