Question
FACTS: While on the pool lanai of the home in which she worked as a babysitter plaintiff observed the minor children who were her wards
FACTS: While on the pool lanai of the home in which she worked as a babysitter plaintiff observed the minor children who were her wards cause water to be spilled from a hose onto the patio. The children were filling balloons with hose-pressurized water and throwing the balloons at each other, at the home, at the sliding glass door and into the pool.
Water spilled just about everywhere due to the children's misbehavior, which included spraying water at each other and otherwise misusing the hose.
Plaintiff corrected the children and chastised them for producing an unsafe environment. She ordered them to immediately stop their misbehavior. She then went into the home and found some towels and returned to dry the water spills. Thereafter she again admonished the children not to misuse the hose or otherwise behave disruptively or cause a mess.
Plaintiff then proceeded back into the home to find dry clothes as she had been sprayed by water during the excitement. She thereafter returned once again to the lanai to supervise the children. As plaintiff proceeded toward the patio table she observed the minor children who were then seated at the table arguing, throwing food and pushing each other.
As she continued to proceed to the table with intent to restore order the plaintiff slipped and fell in front of the table on ice that she did not expect would be on the floor and that had not been present when she dried the water spills.
The ice was dropped on the floor by the minor children while the plaintiff was in the house changing her clothes. Plaintiff fractured her hip when she slipped on the ice. She now brings suit for personal injuries sustained.
What is the rule of law and its application? How could the parents be held responsible? Minors can not be sued.
How could the babysitter be held responsible and what would the rule of law be in that argument?
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