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child hurt while in my home who pays

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princessof4

Junior Member
What is the name of your state?washington

I was caring for a child in my home for a friend and i am not a licenced provider yet but have concidered doing so. The child was sitting next to a big dog and one of the kids landed on the dog causing it to jump up and the dogs head hit the little girls head causing a laceration to the eyebrow needing stiches. The grandmother told me that she had insurance for the child and now she tells me she does not and i need too pay all of the medical bills. The child qualifys for state insurance as she already gets state paid child care. does the grandmother have a liability to get the insurance for the child, and am i souly responciable for the bills.
 


GaAtty

Member
GaAtty

You do not state if you were being paid to care for the child. Assuming you were, you had a duty to make your premises safe from problems you knew about. While I can believe that you would not know that the dog would hurt the child in this exact way, I think you may have a problem in that you should have been able to foresee that there could be a safety issue when any dog is with a child they don't know; it would have been so easy to just put the dog in a different room. On the other hand, if the child was non-paying, and a guest, then your homeowner's should pay, although it may be cheaper in the long run for you to just pay it if it is a small amount, rather than risk having your rates increased. I think that you are stuck with the bill, although you certainly should consult an attorney in your state, as laws in states differ.
I can't see why the grandmother should have provided insurance for the child. On the other hand, if you were doing this for a business, it seems that you would not ever consider doing this without insurance. Kids can result in large liabilities.
 

princessof4

Junior Member
I was getting paid for the care of the child. However I would not have agreed to care for her if the parent had told me that they did not have insurance for her. I make it a policy of my household that children can not play at my house or be cared for without them being covered under medical insurance. I was lied to by the grandmother and I feel she is trying to get monies from me that should have been paid if she had told the truth. where does her liability land in all of this? I feel as a parent you need to provide insurance for when emergencies happen, in our state if you can not afford insurance for your child the state will provide it to your children. Yes the dog could have been put in a differant room if i had any reason that harm would have come to the children. The childs parents new of the dog and voiced no concerns. Nobody could have forseen a child falling on the dog causing him to jump up and hit heads with the child.
 

djohnson

Senior Member
It doesn't matter if the child did have insurance. It could still be your responsibility to pay for this. They wouldn't even have to turn it in. Any licensed provider knows that having any loose dog, no matter how friendly, is a no no. You just don't do it. I also don't understand how the state is paying for child care and you aren't a licensed child care provider. Your state may be different and work that way, but I've never heard of it.
 

princessof4

Junior Member
I am not a child care provider. I was doing a friend a favor. The child has state paid child care and I was only watching her for a week and was not getting paid from the state but from the grandmother, till they could find a licenced facility that was what they were looking for. The same thing could have happened if the mother or grandmother was sitting there next to me.

Back to the original question does the grandmother hold any liability as she lied about haveing insurance for the child to get cheap child care till a licenced facility could be found? As I stated prior I would have never had the child in my home if I knew she did not have any insurance.
 

djohnson

Senior Member
You took payment, you are responsible. The grandmother is not. And look at it this away, do you even have a signed document by the grandmother stating that the child is covered by insurance? Without that it would your word against hers that you even asked her. You have nothing.
 
Y

ylen13

Guest
my knowledge of this law limited so i want to get clarification on comments. Shoudn't it even matter if she was getting paid or not as it happened on her property or am i missing something?
 

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