Is a Grandparent (Grandmother/Grandfather) Liable for Negligence When a Grandchild Is Injured at Grandma’s / Grandpa’s House?


In Florida, children often spend time and visit with grandparents, aunts, uncles, cousins, other relatives, and friends. Unfortunately, child injuries often take place when a child is away from home and visiting family or friends in another person’s home. When an injury takes place, there are often questions and issues to address including the following:

Who is legally responsible for the injuries?

Who is legally responsible for the medical bills?

What insurance would cover the medical bills and other damages?

Is there immunity under Florida law for a grandparent, aunt, uncle, cousin, or other relative?

What are the legal rights of the child?

What are the legal responsibilities of the homeowner? child care provider? relative?

In Florida, a grandparent and other non-guardians of the child do not have immunity for personal injuries that are caused by negligence. Many people would find it disturbing to file a claim against a grandmother, aunt, uncle or other parent; however, many parents and guardians of children do not have much of a choice when faced with mounting medical bills and the need for medical care of a child following a serious personal injury. In most cases, the claim or case is pursued against the homeowner’s insurance for the grandparent or other relative. Homeowner’s insurance is in place to cover incidents like fire and other damages to the home. In addition, homeowner’s insurance is in place to cover medical bills and other related damages should a person (like a child) suffer an injury in the home as a result of the negligence of another person.

Ultimately, the choice to pursue a case or claim against a homeowner’s insurance policy is up to the parent or guardian of the child. This can be difficult decision especially when the accident or incident takes place at another family member’s home. A Florida Child Injury Lawyer can help advise a parent as to the legal rights of the child and what resources and insurance are available for the benefit and care of the injured child.

The book titled The ABCs of Child Injury – Legal Rights of the Injured ChildWhat Every Parent Should Know – has chapters on Homeowner’s Insurance, Dog Bites, Automobile Accidents, and other topics. In the Homeowner’s Insurance section of the book, you can read about coverage for accidents or incidents that take place at the home and coverage for incidents that take place outside of the home. Yes, some homeowner’s insurance policies will provide coverage for negligent acts even if the incidents take place at a location different than the home covered under the Florida homeowner’s insurance policy. You can receive a free copy of this child injury book by clicking here.

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