12 yo babysitter sued by insurance company

[mykalberta]

There were 2 kids to look after and for whatever reason a lighter was left in the home by the parents within reach of a 5 year old.

[WilsonFourTwo]

Originally Posted by Devils'Advocate

(A) This may not be the ethical thing to do, but perhaps the economical thing to do. Corporations are not interested in doing what is right, but rather what will give them the most profit. If you don't like it, vote for the Marxist-Lenist party next election.

(B) How much responsiblity DOES a babysitter have? I question how well she was doing her job if her job was to watch the 5 year old and somehow he got playing with matches. Suing her is overboard, but I think she does deserve some punishment.

You've stated the two most obvious (but somehow overlooked) points, thank you.

That said, with regards to Point B.......would the insurance company sue the parents if they had been home with the child? **Highly** unlikely. And really - perhaps the babysitter took two minutes to hit the bathroom, or maybe she was busy making the 5 year old a sandwich.

To expect constant 2-meter proximity to the 5 year old defies common sense, which in my mind is why the insurance company is totally out of line here. It's not like she ran out of the burning house without the kid.....she (basically) saved him and called for help.

[VladtheImpaler]

You guys are making way too much out of this. This is simply a question of which insurance company pays for the fire damage to the grandparents' house - their own, their neighbours' (kids) or even the babysitter's parents' home insurance.

[valo403]

Originally Posted by gpflamesfan

the father of the kid that started the fire is listed in the suit as well..... so yes his mom and dad are sueing their kid and a 12 year old little girl.

no. They. Aren't.

[Byrns]

I heard the lawsuit has now been dropped.

[Raekwon]

Originally Posted by VladtheImpaler

You guys are making way too much out of this. This is simply a question of which insurance company pays for the fire damage to the grandparents' house - their own, their neighbours' (kids) or even the babysitter's parents' home insurance.

Exactly everyone possible is named in any lawsuit are they not Vlad? Abundance of caution or something.

[VladtheImpaler]

Originally Posted by Raekwon

Exactly everyone possible is named in any lawsuit are they not Vlad? Abundance of caution or something.

Yep.

[FlamesKickAss]

wouldnt it just be the dad's insurance that covers though? Since the girl is an "employee"

[VladtheImpaler]

Originally Posted by FlamesKickAss

wouldnt it just be the dad's insurance that covers though? Since the girl is an "employee"

Or is she an independent contractor?

[JohnnyO]

Originally Posted by VladtheImpaler

Or is she an independent contractor?

Probably paid in cash if she was paid at all how would that affect it.

[VladtheImpaler]

Originally Posted by JohnnyO

Probably paid in cash if she was paid at all how would that affect it.

That would mean that she (hence, her parent's home insurance) might be considered partially liable. I'm guessing the firestarter kid's parents' home insurance will have to cover the grandparents' losses, but I guess it's theoretically possible the babysitter's parents' insurance could be on the hook for some of it.

[GGG]

How would the home insurance of the parents of the babysitter ever end up being found liable.

I don't think their would be any clause that insures the family while running a buisness on another property. The parents might be found liable but I doubt their insurance company would cover anything.

[RW99]

Yeah it's kind of funny how the story broke. I've seen this discussed on serveral websites and overwhelmingly people wanted to find out what insurance company would do this to a 12 year old, boycott them, etc. I blame the media for most of that

Its the same if you were in your brother's car and he caused an accident and you were injured. You would sue his insurance policy, not him.

Though, whichever insurance policy is determined to be liable, it could affect their insurance rates. (I have no clue when it comes to residental insurance though).

[VladtheImpaler]

Originally Posted by GGG

How would the home insurance of the parents of the babysitter ever end up being found liable.

I don't think their would be any clause that insures the family while running a buisness on another property. The parents might be found liable but I doubt their insurance company would cover anything.

It's tenuous perhaps, but home insurance covers a lot of stuff. For example, if you do something idiotic on the ski hill and injure someone else, your home insurance would cover the liability. The babysitter lives with her parents, and would therefore be covered under their home policy, and the argument can be made that they would be on the hook for her negligence on someone else's property. I'm guessing the lawsuit was filed because the particular insurance companies involved could not agree on a liability split and/or whether they had to provide coverage...

[VladtheImpaler]

Originally Posted by RW99

Yeah it's kind of funny how the story broke. I've seen this discussed on serveral websites and overwhelmingly people wanted to find out what insurance company would do this to a 12 year old, boycott them, etc. I blame the media for most of that

This happens because some idiot reporter saw a Statement of Claim that had been filed and reports it, as if it's supposed to be taken at face value. I have sued a 12-year old kid on behalf of a client myself. You sue whoever you have to sue to trigger the appropriate insurance coverage, and you never want to leave anyone out because if it turns out that the person you left out was responsible, you are going to get sued yourself...

[Raekwon]

Originally Posted by RW99

Yeah it's kind of funny how the story broke. I've seen this discussed on serveral websites and overwhelmingly people wanted to find out what insurance company would do this to a 12 year old, boycott them, etc. I blame the media for most of that

Its the same if you were in your brother's car and he caused an accident and you were injured. You would sue his insurance policy, not him.

Though, whichever insurance policy is determined to be liable, it could affect their insurance rates. (I have no clue when it comes to residental insurance though).

You would sue him and his insurance company because if you don't name him in the lawsuit and for whatever reason the insurance company is not on the hook for the loss you would want to go after him directly. But for the most part it is covered, both are named but the insurance company covers the loss.

[valo403]

Originally Posted by VladtheImpaler

This happens because some idiot reporter saw a Statement of Claim that had been filed and reports it, as if it's supposed to be taken at face value. I have sued a 12-year old kid on behalf of a client myself. You sue whoever you have to sue to trigger the appropriate insurance coverage, and you never want to leave anyone out because if it turns out that the person you left out was responsible, you are going to get sued yourself...

Yup. To lawyer up a quote from 'The Program' "sue 'em all and let the judge sort 'em out"

[Slava]

Originally Posted by VladtheImpaler

Or is she an independent contractor?

Well being a minor she couldn't legally enter into a contract, right?

[GGG]

Originally Posted by VladtheImpaler

It's tenuous perhaps, but home insurance covers a lot of stuff. For example, if you do something idiotic on the ski hill and injure someone else, your home insurance would cover the liability. The babysitter lives with her parents, and would therefore be covered under their home policy, and the argument can be made that they would be on the hook for her negligence on someone else's property. I'm guessing the lawsuit was filed because the particular insurance companies involved could not agree on a liability split and/or whether they had to provide coverage...

So does generally a liability insurance clause cover a person being an idiot where ever they are not just people getting injured on their property?

I should read through my insurance a little closer.