Visitor Question

Accidentally Kicked in the Mouth While Babysitting…

Submitted By: Michelle (San Francisco)

I was babysitting two boys (brothers that are 4 & 5 years old).

I began tickling (teasing affectionate play) the 4 year old, when he accidentally kicked me in the mouth.

My front veneer was broken.

It costs $1,600 to replace.

Can I ask the parents of the child who kicked me in the mouth and caused my tooth to break to pay for it?

I let the parents know what happened that evening and they didn’t offer any compensation or anything.

I didn’t say anything then because I didn’t realize how expensive it was to fix.

I’m wondering if I have any recourse. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Michelle,

You do have some recourse.

Depending upon your relationship with the parents you can contact them and ask them if they would volunteer to pay for your dental costs. If not ask them for the name of their homeowners insurance company together with the telephone and policy number.

Once you have that information contact the insurance company and file a claim.

The insurance company will assign a “Claims Adjuster” to your claim. She will contact you and probably ask to take a recorded telephonic statement. That’s fine and is standard operating procedure.

The adjuster will also speak with the parents. As long as they cooperate and don‘t dispute what happened you shouldn’t have any problem being reimbursed for your dental bills.

The final option would only come into play of the parents refuse to cooperate. If that happens you can always consider filing a lawsuit against them in Small Claims Court.

If that happens though, you will probably have to look for another babysitting job.

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

Best of luck,

Published: October 27, 2011

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