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?
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?