In Home Child Care Incident...

by Tiffany
(Lexington KY)

My son was being watched by a woman renting out a townhouse in KY when my son was injured. I have quite a case... he was in the Intensive Care Unit (ICU) for 2 days at a UK hospital and we now have over $12,000 dollars in hospital bills. She would not admit to police what really happened.

She claims he fell down the stairs but there were various bite marks all over him, he had blood coming out of his ear, part of his ear was bitten open there are many bruises still left to this day (it happened last September).

If you looked at this child after the incident you would have questioned whether he would make it or not. The state has not picked up my case and now I am sitting here on top of a huge hospital bill. I want to sue but I'm afraid that I can't. She does not make a lot of money and I do not know what the rental insurance will cover. Is there anything I can do about this?

Visitor Question:
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ANSWER for "In Home Child Care Incident...":

Tiffany (Lexington KY):

There isn't a simple yes or no answer to your question. We would need to know why you left the child with the woman. Was she babysitting? Was your child playing on her property? What was the nature of the relationship with you, your child, and the woman?

If you had reason to believe the woman was dangerous and left your child with her, then you may be just as liable as she. That could be civilly, criminally, or both.

If you had no idea of the woman's propensity to violence and you have proof she directly injured your son, or made circumstances available so that your child might be harmed, then you do have a solid case against her. That case would also be civil and criminal.

The problem though appears to be the woman's financial circumstance. If she is a renter and has renter's insurance your son may be covered. Normally though renters' limits are not very high.

One thought might be to consider pursuing a legal action against the owner of the apartment complex. There is always a possibility the circumstances of your son's injures were as a result of some commission or omission by the owner.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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