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Ely
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 101304
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter is 15. When she was 14 I had to leave her with a

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My daughter is 15. When she was 14 I had to leave her with a "babysitter" who is also my landlord, while I went to my place of employment. While my daughter was staying at the babysitters house, her son and his friend who were both 16-17 gave alcohol and marijuana to my daughter. The son's friend took advantage of her and was convicted of csc on a minor. He now has a felony.
I found out what happened when I read her diary. It all happened while the babysitter and her husband were actually in the same house. In fact, the husband caught his son's friend in my daughters room and simply told him to stay out. Later that day she was given marijuana again. I had no idea of this incident until I read the diary.
The babysitter does have money and has paid off mortgages on two houses. I had to quit my job for awhile to take care of my daughter's emotional turmoil. This put me financially behind on y rent and now they are harassing me about that even after everything that happened while my daughter was in their care.
Can I sue these people for damages? How much could I sue for? Thank you?

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) A parent can sue as next of kin for a child.

2) To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

2) In this case, this may be a case for intentional infliction of emotional distress and assault/battery. Such lawsuits can win damages for loss of income, pain and suffering, medical expenses and punitive damages.

3) According to Michigan Compiled Laws section(###) ###-#### a parent can be held liable when an unemancipated minor, who still lives with his parent, has (in part) "maliciously or wilfully caused bodily harm or injury to a person." The limit on this is $2,500. However, the parent may also be sued for negligence because they failed in their duty as babysitter, and there is no such cap.

4) So the son/friend may be sued for intentional infliction of emotional distress and assault/battery. The parent may be sued under(###) ###-####to be tied into that, and under negligence themselves.

5) Damages are divided into two - actual and punitive. As explained, actual damages deal with loss of income, pain and suffering, medical expenses - whatever this amounts to can be requested. Punitive can be whatever the Court feels should be awarded, and can be in the thousands or even millions - most parties leave this open ended and the jury decides.

6) Strict statute of limitations apply so one wants to consider filing ASAP.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Ely and 5 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you. I will be posting a positive review here shortly. Your answers were very helpful. I have asked the same questions to a local lawyer but for three weeks, the only response I get is " We're still discussing your case. We will get back to you." It is becoming frustrating. Do you have any advice on finding a more responsive local lawyer? Is a personal injury lawyer what I even need or should I be looking in a different category? Kind of vague questions I know but my schedule is very irregular and I don't have much time to waste!
My apologies for the wait. Yes, this would not be a personal injury attorney. You are looking for an attorney that does one of the following:
civil litigation
tort
general practice
Try martindale.com to find someone near you, perhaps.

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