Finding the right person to care for your child when you’re away requires a lot of due-diligence. But what happens when your child goes to a friend’s home and is injured, or gets into mischief? Do you have any legal recourse?
For instance, your teenager goes for an overnight or afternoon visit with a friend, and it is your understanding that they will be supervised by an adult. But it turns out that they are not after your child ends up with an injury.
The first thing you will want to look at is the nature of the relationship and what promises were made in terms of care. Did you speak with a parent who said they would be at the home, or did your teenager’s friend tell you that a parent would be there?
In this case, we’re talking about negligent entrustment. If the parents agreed to be there and they weren’t, then you look at what a reasonable person would do in the case of an accident. For instance, if the children were throwing rocks at cars and the attending parents knew but did nothing, there could be some liability.
Alabama has a contributory negligence law, which means that if a teenager, for instance, is doing something dangerous and injures himself, there may be no liability. If your child is doing something to contribute to their own injury, then you may not recover damages under the law.
Sometimes children do crazy things even under the best care. If negligence is determined, the homeowner’s coverage would cover you for your liability. You always want to have a clear understanding with parents who say they are going to be in the home to supervise the children. If they are not, and something happens, a lawsuit will most likely ensue.
If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.