New York, NY asked in Elder Law and Small Claims for New York

Q: Who is at fault?

While bathing my mother, her caregiver had to quickly react to an abrupt movement on the mother's part. During the process, the caregiver's mobile phone fell out of her pocket into the water. Is my mother at fault? The caregiver insists it's my mother's fault. I contend, since my mother did not physically remove the phone from her pocket and place it in the water, she is not.

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: That typically comes with the job. The caregiver shouldn't have had the phone in her pocket. What are the terms of the work agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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