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

Asked on December 7, 2011 under Personal Injury, Florida

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.