There are no winners in this situation.
I do think that suing the grandma is fairly extreme though - I wonder just how much the medical bills amounted to?
Really, nobody should be liable. Unless the grandmother fell intentionally which is highly unlikely. It's an accident.
Imagine how horrible the grandmother must feel anyway... then her family goes and sues her. What jerks.
If there was negligence involved it wasn't an 'accident' where no one is liable. If granny walked down the stairs with bub and insufficient lighting then that's her fault. If she dropped bub after drinking that would be her fault too.
It looks like the judge found negligence in this case.
I agree it's a bit funny suing, but perhaps that's what needed to be done so the child could get compensation.
I remember when this happened, so, so heartbreaking for ALL invloved.
From memory, it turned litigious when the parents felt that they needed to pay current and future medical expenses which had/will occur as a result of this unfortunate accident.
It's difficult, because if the baby was dropped by a paid childcarer, I'm sure most parents would proceed on behalf of the child if there were permanent injuries.
It would be interesting to know the whole story, as to whether they had to add the grandmother in order to get to the other parties mentioned in the article.
I agree with the basic principle that people should be liable for their actions, but I think there should be some public policy reason to free unpaid carers from liability. Maybe...I'm undecided.
I don't know; it's a difficult one. Although injured people under our current system are almost forced to look for somebody to sue, as there is no satisfactory public system if you're injured and can't work, which is what the NDIS is trying to address - to change the current disability lottery system.
Last edited by MsMummy; 29-05-2012 at 17:41.
I was thinking it would be like a car accident. I borrow your car and I have an accident. I didn't mean to, I feel bad. But I had the accident so I'm accountable, not the owner of the car.
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