My toddler broke an item whilst in the care of my mother: who should pay?

[Voodoocowgirl]

I was recently on holidays with my mother, my three children, my partner and some other family members. We were having lunch at a café in a nursery that has a large area full of garden decorations and other items for sale.

My mother offered to take my 2 year old for a walk in the nursery so that I could eat my lunch in peace. She took him for about 20 minutes, we all finished eating, and then when we were all leaving my mother mentioned that my son had picked up a decorative drum while she had her back turned, took off with it and dropped it on the concrete, causing a scratch. She said the cashier asked her to pay for it, which she did. It was $200!!

I live in Australia, and the law is very clear that if you break something accidentally in a store, you are NOT legally obligated to purchase it. I was well out of sight and over 30 metres away when it occurred, and was unaware of what had happened. My mother is now very unhappy and wants me to pay for the drum. I have told her that I will pay for the drum (which is useless to me) just to keep the peace, but I'm annoyed about the situation.

WWYD?

Sorry, but if he is your child then you are responsi. Your mum was doing you a favour taking your child for a walk so you Could eat in peace. Accidents happen but the parent is responsible.
Having said that I know my DD couldn't afford it if it happened to us sonibowukd offer to pay.

If your Mum is well off and agreed to pay without asking you she was extremely mean to ask you to pay. It's too late to do anything about it now as you have already said you will pay but it is your motherwho was unreasonable.

Sorry. My phone is playing up and that posted too soon! . Its supposed to say I think the parent is responsible whoever was with the child. But if funds are tight for the parent as a GP I would pay.

Your little one is gorgeous! Misses point

Your mother should pay. What does she expect you to do, magically raise a toddler that never breaks anything?? It happened on her watch so she’s responsible. That's illogical. If you've raised a toddler that never breaks things, and he breaks something while with her, clearly her fault. But if it's in the nature of the toddler to break things, your toddler, you pay.

@MereDintofPandiculation Well, I would say that as it is to be expected that toddlers are inquisitive but usually not completely coordinated, then it is simply common sense to keep an eye on them when you are responsible for one.

im probably going to get shot down for this - but your child your problem

you should pay

sorry

im probably going to get shot down for this - but your child your problem

you should pay

sorry

I don't think it is your Mums responsibility to pay , but I would take it up with shop and tell them the facts. Hopefully they will see sense and refund the cash.
You don't want to fall out with your DM over $200 ( or GBP 100- which is still expensive) , especially if it is money you can afford. She was doing you a favour , unless you dont want her to look after your kid anymore I would not be looking to blame her.

I would have been more on the fense perhaps originally but I sure i've seen judge judy shows where she's basically said that if a young child is in your care then you are responsible for them and any damage they do, not their parent.

Update for anyone who is interested.

After I deposited the money last night, my mum messaged me saying that I shouldn't pay her, that it was her fault my son broke the drum and she felt bad about the situation. I told her I'm happy to pay at least half and she flatly refused.

She asked me if I'm happy to have the drum as a Christmas gift for him, to which I obviously said yes.

The issue is resolved, to those saying I'm 'entitled', you'll no doubt be happy to know that that quite literally couldn't be further from the truth.

Family relations are still good, my son has a very early Christmas present, and all's well that ends well. My mum brought up the lapse in supervision and said that it's been so long since she's had very young children in her care, that she had quite forgotten how quickly they can get into mischief (or worse) and that she was feeling terrible that she had turned her back on him. She said she was really worried that I'd be upset with her. I explained that all was ok, kids move fast, and we just have to agree to keep a close eye on him and she said she'd never turn her back on him again.

I appreciate her help, and I told her that. She doesn't get to see us much, and she was worried that I'd be too scared to leave my son with her again. We cleared the air, everyone is happy, and the open communication has been really good for both of us.

Thanks for your advice everyone!

When I get home I'll take a pic of the drum

Good to hear you solved it OP.

I think it was your mother's responsibility, since she was watching your child

You can't take your eyes off a two year old. He could've gone missing in the time it took to break the drum out of sight. I'd be more concerned about this than the $200

Very glad it’s sorted so satisfactorily.

Result!

I'm so glad it's sorted, and that she's taken responsibility, but you've also reassured her that it's not the end of the world.

That all sounds very reasonable.

You pay. It’s your kid. Sheesh!

Your mother should pay

Oops glad everything has been sorted!

Offer her half maybe x

Unless your mother was a paid carer and there was some kind of contract in place of course you should pay. It’s the risk you take when you hand over kids so you can eat in peace.

Or make her pay and be fully prepared to never eat a meal in peace again.

Sorry but my opinion is your child your responsibility. Child should be taught not to touch things. You cannot keep an eye on a walking youngster every second and accidents happen. Holding hands isn’t that easy either as they pull away. It’s not your Moms fault even though she took him round. Also shop is partly to blame for having expensive items which children can reach. Item costing that much should be out of reach of young children.

You should pay. She was doing you the favour by taking your child so you had a break to eat. If I was your mother I wouldn’t look after your child unaccompanied again.