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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4788
Experience:  Experienced in both state and federal court.
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I hired a company to provide a personal care attendant from

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I hired a company to provide a personal care attendant from 10/21/2013 thru 10/25/2012. the attendant the company provided did not do the work as required in the agreement. she did not perform the required duities because of drinking alcoholic beverages and not paying full-time attention to my 100 year old mother.This behavior by the personal care attendant ruined the trip and memories of my mother's last trip alive. She also as I see it put the family in danger by drinking alcoholic beverages. The trip was cut short because of the problems sited. The total cost of the trip was $4,000. Do I have a small claims case? If so, how much including Pain and suffering and negligence.

Chris T., JD :

Good evening. I'll be assisting you with your question.

Chris T., JD :

Did you pay the attendant during that time?

Customer:

yes hello ecuse the caps i see them better

Customer:

CAPS

Chris T., JD :

No problem. Do you want me to type in all caps?

Customer:

NOT YET THEY ARE STILL BILLING ME

Customer:

CAP NOT NEEDED

Chris T., JD :

Can you explain a little further what exactly she did?

Customer:

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.

Chris T., JD :

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?

Customer:

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

Customer:

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?

Chris T., JD :

Like I said above, this just appears to be a breach of contract since no personal injury occurred.

Customer:

What amount should I claim?

Chris T., JD :

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.

Chris T., JD :

Also, you can refuse to pay for her services since she breached the contract.

Customer:

Is their a "neglience" matter here with the company?

Chris T., JD :

Negligence usually applies to personal injury cases. Like I said, this isn't a personal injury case since nobody was actually hurt.

Customer:

Thank You, XXXXX XXXXX anything else I should know?

Chris T., JD :

That said, the company may still want to compensate you for your inconvenience and to avoid litigation and an "on the record" embarrassment.

Chris T., JD :

Other than that, I can't really think of anything else.

Customer:

THANK YOU

Chris T., JD :

Glad to help.

Chris T., JD :

If I can't do anything else for you, please remember to "rate" my answer before you go.

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