Good evening. I'll be assisting you with your question.
Did you pay the attendant during that time?
yes hello ecuse the caps i see them better
No problem. Do you want me to type in all caps?
NOT YET THEY ARE STILL BILLING ME
CAP NOT NEEDED
Can you explain a little further what exactly she did?
She was hired to care for my mother 24 hours for 4 nights. While my mother was in her care she was drinking alcohol. She was caught doing so several times. She did not perform daily living duties that she was hired to do. She would disappear for long walks throughout the day. She was hired to go on a trip with us to Lake Tahoe in a motor home. She began drinking the day day we left. she did not give hands on care to my 100 year old mother as agreed. Eventhough my mother sleeps over 12 hours a day.
OK. What you are dealing with here is a breach of contract case. It sounds like her failure to do her job caused any personal injury. Is that correct?
She left the premises physically about 10 a.m. and returned after 2pm after I gave her a phone call. she came back visbly impaired by alcohol. She continouslly complained she was not comfortable as if we were servicing her on a trip vacation cont. Please reply
As orginally asked is this matter worthy of a small claim, if so how much? Also, what law has been broken beside breach of contract if any?
Like I said above, this just appears to be a breach of contract since no personal injury occurred.
What amount should I claim?
As such, you can't sue for pain and suffering or emotional distress. In Nevada, like most states, breach of contract cases are limited to financial damages flowing from the breach. So, if her failures cost you money to find new help, prevented you from doing things you prepaid for, etc., you could sue for that.
Also, you can refuse to pay for her services since she breached the contract.
Is their a "neglience" matter here with the company?
Negligence usually applies to personal injury cases. Like I said, this isn't a personal injury case since nobody was actually hurt.
Thank You, XXXXX XXXXX anything else I should know?
That said, the company may still want to compensate you for your inconvenience and to avoid litigation and an "on the record" embarrassment.
Other than that, I can't really think of anything else.
Glad to help.
If I can't do anything else for you, please remember to "rate" my answer before you go.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).