Can I sue the Santa at my sons school for dropping my 11 month old?

Asked on December 7, 2011 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the facts:

First, he (or she) would only be liable if at fault: that is, if the Santa deliberately dropped your child, or if the Santa were negligent, or unreasonably careless, in how he/she held your child. But if dropping your child were not the Santa's fault--someone else bumped into the Santa; your child struggled and wriggled so much that even though the Santa tried to hold on, he/she couldn't; etc.--there would be no liability.

Second, even if there was liabilty, if--hopefully--your child was not injured, there is nothing to sue for. The law only provides compensation for actual injuries or costs; without injuries (or significant medical costs), there is no point in suing, since you could not recover anything.

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