Megan, the babysitter, watches Tyrone as he plays on the table. Megan later receives a phone call from her best friend which distracts her from Tyrone.
Proof of Injury
As Megan speaks with her friend in the kitchen. Tyrone falls off the table.
Tyrone was left unattended and began to crawl to the edge of the table. He was unaware about the height of the table and fell off and broke his neck and split his head open.
Verdict/ Awarding Damages
It is obvious that Megan babysitting had the duty of care for Tyrone which was breach due to her carelessness.
Megan reports about the incident to Tyrone's mother. Tyrone's mother rushes home and sues Megan for negligence.
Oh No, this is all my fault.
The judge listens to the plaintiff's rationale and thinks of a verdict.
I trusted Megan with my child, but her actions led to Tyrone's injuries. The surgery to help Tyrone cost me over $40,000! Her job is to watch my baby!
I have decided to award the plaintiff pecuniary damages of $50,000 to compensate the loss of income of the family due to Megan's carelessness. I have also decided to award her another $50,000 in no-pecuniary damages for the pain Tyrone and his family suffered. I have also decided to award special damages of $20,000 to pay Tyrone's extra surgery and hospital bills.