My Kid Injured the Sitter's Dog on Accident. What Am I Responsible For?

Updated on July 16, 2015
S.J. asks from Girard, PA
12 answers

My two children (6 & 7) go to an in-home sitter while I am at work. She has 3 very small dogs. My kids have been known to pick these dogs up and the sitter usually tells them to put the dogs down. Yesterday, my daughter picked up one and accidentally dropped the dog, hurting her leg, possibly might be broken. I was not told until the next day. I asked did you see her do it. She said she was sitting right there watching her play with the dog and picking her up. I asked why she didn't take the dog from my kid or tell her to put her down. "I tell her all the time to put her down." She wants me to pay the whole vet bill. I feel I am only liable for half the bill because: Yes it was my kid who did it. But, it could have been avoided had she gotten up and taken the dog from her or told her to put the dog down. She was in the sitter's care and it could have been avoided, but it was my kid. How much am I liable for?

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So What Happened?

The dog's leg is better. She ended up just having a sore leg. I told her I would pay the fee for an office visit and half of everything else if it had ended up being broken. She is paid by me and a child care service so my kids are her responsibility when in her care. I told the sitter that since she allows the kids to pick the dogs up and lets them, then she needs to sit next to them when they pick the dogs up. She tells them they can pick the dogs up, then turns around and says they can't. She needs to make a rule and stick with it. She watches only my kids, so the two aren't hard to keep an eye on in the same room. I told her that she is being paid by a Child Care service to watch them and a copay by me. She is responsible for my kids and their actions while she is in charge of them. Consistent rules about what is and is not allowed is key to getting them to actually listen to her. She has been watching them for three years, so she should know how to deal with my kids.

More Answers

B.C.

answers from Norfolk on

It's one of those cases where you and the sitter are responsible 50/50.
You are responsible for your daughters damages and the sitter should be separating her pets from the kids she baby sits so this is also her fault.
I'd explain it that way and offer to pay for half the vet bill.
In future - the pets and kids are kept separated - never in the same room or area or yard at the same time.
No matter what you do, the experience might sour the relationship to the point where you need to find a new sitter.

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S.B.

answers from Minneapolis on

How easy would it be to find another daycare provider? I only ask because if you offer anything less than what she is asking for, she may decide to stop watching your children. Not fair - I know - but that is what it might take to keep your relationship going with her.

As far as what the "law" says? I think that comparative negligence would apply. So if she sued you, her award would be reduced by her part in the "accident." Meaning that her ability to stop the situation could reduce the amount that you owe her for vet bills. However, I am not a lawyer and don't live in your state - this is just one gal's opinion :)

I would be more worried about future accidents or blame. Every time something happens to the dog(s) are your kids going to be blamed? Also, if you do agree to settle this out of court, make sure that you draft an agreement that this completely settles the issue and that any future issue with the dog, either directly or indirectly related to this incident is bound by the original settlement. You don't want her coming back 6 months later saying that the dog needs lifetime medication due to arthritis stemming from the injury or something like that.

Good luck - I really hope you are able to work something out.

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A.J.

answers from Williamsport on

If my kid kept picking up someone's dog after being told repeatedly not to and the dog was hurt because of it I'd pay whole bill and apologize profusely and give my child the what-for for not listening to the dog's owner.

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T.M.

answers from Tampa on

Yes, I think that you are responsible. Sorry, but your child did something that they were asked NOT to do. It sounds like the babysitter is frustrated that she has told your child many times not to do something and your child continues to do it. I do think that she should have segregated the dogs and the kids if your kids would not listen. However, your child still willfully did something knowing they were not supposed to...

You say this was an accident, but this injury stemmed from an intentional act by your child. An accident would be if your child accidentally stepped on the dog. At that point, a 50/50 solution would make sense.

I think that you are 100% responsible if you intend for this babysitter to watch your children in the future. How much does this hill mean to you? Is she a good sitter and do you trust her? This really sucks and I would hate to have to write out that check, but I think you need to just do it. Otherwise, there will be problems down the road with this sitter.

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A.Z.

answers from San Francisco on

I think the answer to this question depends entirely on what you want your relationship with the sitter to be going forward. If you really like her, the kids like her, and you are dependent on her, then pay the full bill. However, you should stipulate that anything of value in her house, including her pets, should be put away when she's watching your kids. With 3 small dogs, I am picturing a home filled with glass curio cabinets stuffed to the gills with Iladro and Precious Moments figurines.

Anyone who spends time around young kids knows to put away valuables or precious items. That's why everything at daycare centers are plastic. Make it clear that she's responsible for any further mishaps with her pets now that it's been established that the kids can't seem to keep their hands off of them.

Personally, I think she is responsible 100%. If your kids have a history of going after her dogs and she's fully aware of this, she should keep them out of sight when she's watching your kids. It's for reasons like this that I am not a fan of in-home child care, unless my kids are being watched in my child-proofed home. Can she come to your house to watch the kids after this episode?

Good luck - and please let us know how things turned out.

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C.T.

answers from Santa Fe on

I have to say if my child were to injure someone else's dog I would offer to pay the whole vet bill. To me, the fact that my child did this means it is my responsibility. I would have a talk with my child about how if an adult asks you not to do something then they better listen. Your sitter may have been dealing with another kid at that time. She may have been distracted. If she asks your child not to pick up the dog, your child should have listened. But kids sometimes do not do as they are told...I'm sure your 2 kids just love her dogs and thought it was so fun to pick them up like a dolly. Talk to them about how we do not play with dogs like they are stuffed animals and they are not to pick them up ever. It's just too easy for a child to drop or injure a wiggly dog. Tell them if your sitter tells you that they are not listening again that they are going to have consequences when they get home. And tell your sitter to feel free to send them to a time out if they do not listen to her! Or whatever method she uses. Anyway, I'm sorry...that sucks that you now have a vet bill for something your child did. Stuff like this in life is just no fun.

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K.W.

answers from Los Angeles on

I agree with Happy D. I don't think you're liable at all. When I read the title I thought you were, but then I saw she was sitting your kids, so she's also liable for your kids' actions I would say.
That being said, it would be best for your relationship to pay it. And tell your kids not to pick dogs up.

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N.B.

answers from Oklahoma City on

In my honest opinion the person responsible for this is the care giver. They were the absolute supervising person in this situation. They made the choice to let the dogs come in the room, they chose to let your child pick up the dog, they chose to not take the dog away immediately, they choose to not tell you there was a problem with your kids being disobedient.

I am a care giver and if I don't like something a child is doing I put a stop to it.

I would not let a child hold my dog if I didn't think they were doing a great job of it. If the child wouldn't stop picking my dog up I'd damn sure put my dogs out of their reach or talk to the parents and tell them I was having a problem with the kids not minding. Period.

Please talk to your kids and ask them if they'd like to join another place.

The YMCA often has after school programs at local schools then when it's summer they have the day camp at the Y. It's a lot of fun with swimming and playing games and basketball and crafts and all sorts of stuff.

If you don't have a full YMCA then check with your local child care licensing agency in your area and get a list of licensed child care providers and run, find one that is good and has a great school age kids program.

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E.B.

answers from Austin on

I think it depends upon how consistent this rule is - about not picking up the dog. Are your kids sometimes allowed to pick up the dogs, if they're playing quietly, for example? Or is it a consistent, constant rule that they are never to pick up the dogs, no matter what?

If the sitter has established that the kids are never to pick up the dogs, and your child deliberately did so, knowing that it's a rule, then I think you're responsible for the bill. Your kids are old enough to know "we are not supposed to pick up the dogs for any reason".

If it's not consistent, and the babysitter allows it sometimes and then sometimes tells the kids no, then I think it's the babysitter's fault for not establishing an important safety rule, not enforcing it, and not being consistent. In that case, your kids are young enough to not sense whether this was one of the times when it was allowed, or not.

And if you do need to pay the vet bill, make sure to go to the vet and instruct the vet to bill you only for care directly related to the injury. We once had a dog that was injured by another dog. That dog's owner came with us to the vet and we both made it clear that she was only responsible for the injury. Because at the vet's, for convenience, while our dog was receiving care for the injury, we also purchased her monthly flea meds, and had her nails trimmed, and had her bathed, which of course had nothing to do with the injury. The vet prepared two separate bills - one strictly concerned with the injury for the other dog's owner, and one for us with the extras like the flea stuff and nails and grooming. Make sure you are provided with a detailed statement from the vet, and speak with their staff so that you don't get billed for anything extra.

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J.T.

answers from New York on

That's a tough one. I can see both sides but since your kids are known to pick up the dogs and have been told repeatedly not to, I think you should pay the whole bill. As someone said, it's different than if your daughter had stepped on one by accident. Then you could say she shouldn't have dogs around! In this case, you knew there were dogs and never objected and you and your kids knew the dogs shouldn't be picked up. Your child did anyway and yes, the caregiver could have immediately gotten up but I can imagine her being tired of telling your kids and this time she waited a minute too long to say something. There is a big difference in how much vets cost though. I'd want to get a sense of the bill is around average vs she goes to he super pricey vet in town. And I think one of the costs of working is sometimes having to do a little extra to keep a good childcare provider happy. I'd worry she'd resent my child if I didn't pay. And in this case she really may as your child cost her a good deal of money directly. Not like this is between you and her and has nothing to do with your child. So end of day, your child broke a long standing rule so you gotta suck it up and pay.

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R.A.

answers from Boston on

Id say from here on out that the sitter needs to put the dogs in a room. Out of sight out of mind. If your kids constantly open the door or pick up the dogs without permission and one is injured- I'd pay the bill completely. If the sitter isn't consistent, then both are at fault.

I'd find it annoying to constantly have to tell a child to not pick up my animal. Why can't they just pet them or leave them be? I'd have a talk with my child about listening and being responsible for the next time they go to the sitters. They injured an animal because they couldn't practice self- control. Their is a lesson there for all involved.

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M.L.

answers from Cleveland on

edited, that should have said. "selected only people in your geographic area" can view your question

Hi S.,
Did you happen to select the -only people in your can view your question?

Usually you would have gotten an answer by now.

I don't know if you will like my answer but I feel that in order to maintain a good relationship with the person caring for your children that you should pay all of it, but then ask that the dogs and your children be kept separate. If you decide not to do that then, personally i would look for someone else to watch your children.

I get that you think she should have kept them apart from the beginning, but the fact that it seems as though your kids aren't listening to her and aren't treating the dog gently is a problem too. If you had offered half right when she told you, and she accepted then i think that would be fair, but since she is demanding the whole payment, i don't think you will be able to fight her on it while she is watching your kids. but that is just my opinion and i dont' know how fiesty she is.

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