liability
Is X liable for this child&#39;s death?
<p><strong>The case:</strong></p>

<p>X is Y’s next door neighbor. Y regularly drops off Y’s child, C, for X to babysit for the afternoon. In return, Y typically (although not always) buys X groceries and other items. Y brings C over to X’s house. X tells Y that “I am much too busy to pay close attention to C. C will have to look out for him/herself.”  Y leaves and during the  course of the afternoon X occasionally checks on C and gives C some food for lunch. C while left alone wanders into X’s  unattended swimming pool and drowns to death. Y returns with groceries for X to find that C is dead. Is X liable for C’s death or is Y?</p>

<p><strong>Interpretation:</strong></p>

<p>I know that there is no statute that addressed the obligation of parents or babysitters. Thus, even though X agrees to babysit, there is nothing backing Y's situation legally. In addition, X even said that X is busy that day. So I see Y as being liable for C's death. Does the law of omissions (duty) apply here?</p>

<p>IANAL, IANYL.</p>

<p>Both seem to be at least negligent, if Y has left C without a reasonable expectation of care to be taken, and X has either created or allowed to be created a situation leading to injury, when reasonable steps could have prevented it.</p>

<p>If either person is responsible, the other must also be, since the situation could have been avoided by an action that either took and which neither chose to take.</p>

<p>Actual law and precedent would be the only way to decide this for a jurisdiction.</p>
