Can You Sue a Babysitter for Negligence in Texas?
In Texas, if your child is injured under the supervision of a babysitter, you may have a viable case of negligent supervision. If someone accepts the responsibility of caring for your child but does so negligently or carelessly, they can be held liable for injuries that occur. Contact us today to speak with a personal injury lawyer!
Suing a Babysitter in Texas for Negligence
Negligent supervision is placing a child in or failing to remove them from a situation that a reasonable person would realize puts them at risk for substantial bodily injury or immediate harm. Depending on the circumstances, it is highly likely the babysitter could face criminal charges. However, you may also be able to pursue a civil action for damages against the negligent sitter.
In a case of negligent supervision, the plaintiff has the burden of proof. Therefore, to succeed in your claim, you must prove the following:
- Your child’s caregiver had a duty to monitor and care for your child properly while under their care;
- They failed to uphold that duty through an act or omission (e.g., struck the child, left the child unattended);
- The caregiver’s negligence caused your child’s injury; and
- Your child’s injury caused loss to them and your family (e.g., medical bills).
Cases of negligent supervision can be physically and emotionally devastating. Contact us to discuss your rights and options.
Common Examples of Negligent Supervision of a Child
Accidents and injuries happen, even in the care of a babysitter or nanny. Not every accident or injury will rise to the level of abuse or negligence. However, we often see specific types of accidents caused by negligent supervision.
Examples of negligent supervision include, but are not limited to, the following:
- Allowing a child access or use of unsuitable items such as sharp objects, machinery, tools, and vehicles;
- Failing to secure dangerous items such as weapons and poison;
- Failing to adequately protect a child from environmental threats such as pools, traffic, or dangerous animals;
- Improperly caring for a sick or injured child;
- Allowing a child to suffer burns;
- Failing to obtain proper medical treatment when necessary;
- Improper supervision that allows or results in playground injuries;
- Allowing a child to suffer injuries from choking, suffocating, or strangulation;
- Allowing a child to suffer an allergic reaction from ingesting or contacting known allergens;
- Other children sustaining injuries while in the negligent party’s care;
- Assaulting or allowing physical or sexual assault to the child; and
- Failing to protect the child from emotional harm.
Sometimes, a one-time incident gives rise to negligent supervision, such as a child with a known peanut allergy being fed peanuts or getting burned from an unattended stove. However, in cases of negligent care, a slower pattern of behavior often begins to emerge. You may notice bruises or other injuries on your child that draw suspicion about what might be happening when they are in the babysitter’s care. No matter the case, if you believe your child got injured due to negligent supervision, we strongly encourage you to consult with an injury attorney.
What Evidence Is Needed to Prove Your Negligence Lawsuit Against a Texas Babysitter?
Like any negligence suit, the more credible evidence you have, the more likely your case will be successful. It is best to gather as much evidence as possible. This can include an array of materials such as:
- Medical records documenting injuries and abuse,
- Pictures of injuries,
- Video of any mistreatment or negligent,
- Journals or diaries documenting the abuse,
- Driving records, and
- Background checks and hiring documents.
A Texas child injury lawyer can assist you with gathering all you will need to pursue a claim.
Liability of a Babysitter Who Is a Minor
Often, parents hire local teenagers under the age of 18 to babysit their children. If that is the case, and your child was injured, you might be wondering, Can I pursue a claim against a minor babysitter? The short answer is yes, but it is not always that easy. It is best to speak with an attorney to discuss your options.
Texas Child Injury Lawyers
In 2022, we were named to the “Best Lawyers Under 40 by D Magazine” list. Every client is our top priority at Hartley Law. We understand nothing is worse than seeing your child hurt and injured, especially at the hands of someone you trusted. We promise to advocate aggressively to ensure you and your family get the justice and compensation you deserve. Contact us today for a no-cost, no-obligation consultation with our team!
