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Can i sue my daughters nursery? She came home from nursery and another child has bit her and left a bad bruise

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she has a bad bruise on her arm and the girl bit her so hard it pierced her skin slightly.

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  1. unfortuantly a case against the nursery probably wont be sucessful however if you are not satisfied with the injury i suggest making a complaint to the management team and discussing ways to prevent this eg monitoring the child who bit your child aswell as your child to see if there are problems between them also the age of your child is important because children go through a biting stage and although there is a bruise now it will soon go hope this helps


  2. When you send  your child to nursery school or anywhere that other children gather you should be aware that she might be hit or bite or hurt. You can't keep other's from hurting your child. Don't be so eager to sue. If you don't feel your child is safe there then remove your child and put her somewhere else, or, best suggestion, stay home with your child if it is at all possible.

  3. Kids do bite each other at a certain age.  I would look for the school to take precautions in the future, now that they know this has happened.  Its hard to predict which kid is going to do what when until something happens.   I hope knowing that it is very common for children to go through a biting phase helps you not feel too upset about it.   that said, if it happens again by the same child, you may want to ask to have your child and that child separated as much as possible until the biter grows out of it.  Its usually a short phase for kids.

  4. No i don't think u can sue,speak to the teachers and tell them to inform the other child's parents what as happen,hopefully it wont happen again .

  5. Don't know if you CAN, but you shouldn't. You didn't say how old the children are. That determines the appropriate method of dealing with biting.

    I think your time would be better spent educating yourself about children's development and about the fact that biting is a normal behaviour in children, especially toddlers.

    If it was dealt with appropriately, you shouldn't even know WHO bit your child unless you saw it happen.  We always sent home an accident report with a bitten child, describing what happened, but not naming the other child. The "biter's" family got an incident report describing what happened.

    If that child is biting on a regular basis, then the staff should be taking steps to prevent it. Watching the child. Learning what triggers the biting or when it happens (just before meals? just before nap? fighting over a toy?) and stay one step ahead of the child. We've had children we had to "shadow" to keep them from biting until they were over that stage.

    As far as the biter being dealt with appropriately, I'm not sure what you have in mind. Her parents should have been notified. She should have been removed from the situation and re-directed to something else. Most of what happens should have happened with your daughter. She should have been hugged and snuggled. The teachers should have told the other girl "Biting hurts. We don't hurt our  friends. " The idea is to demonstrate the appropriate  way to interact and how we comfort those who are hurt. The girl might have even been encouraged to say sorry and give your child a hug or "nice touch".  

    Hope this isn't too long to put here. I wrote it awhile back, but it's not available on the internet yet, so I'll try posting it here.

    BITING HURTS!

    What to Do if Your Child Bites

    October 1994

    Of all undesirable behaviors parents and teachers encounter, biting arouses the strongest feelings and is the most emotional issue.  However, we must accept the fact that biting is a common and normal behavior in young children.  Mitchell (1982) warns, "At some point before your child reaches the age of six he [or she] is likely to bite another human being.”  Because this is such a common behavior and many parents are concerned about it, we have created this brochure to provide information about biting and about our center’s policy and procedures for handling biting incidents.

    Why do children bite?

    The reasons children bite vary according to their development.  We have noted at which ages the reason is most common.

    Infants, Toddlers, and Twos

    Infants and toddlers who bite are not being malicious or aggressive.  They do not intend to hurt others and most likely do not understand that they are hurting others.

    • Teething

    The gums hurt and biting down on anything brings relief!

    • Exploration

    At this stage, children are very in tune with their senses.  Everything must be explored:  touched, smelled and even tasted.

    • Peer Interaction

    Children lack social skills and understanding of how to approach and interact with other children.

    • Cause & Effect

    “Hmm?  What will happen if I put my teeth on Sally’s arm?” The results of a biting incident (screaming, crying) may seem quite interesting.

    • Seeing Someone Else Bite

    Children are very “into” imitating others.

    • To Express Negative Emotions

    Children lack language skills to express anger, fear, frustration, jealousy, etc. or often lose control when experiencing such emotions.

    • Can’t Communicate Needs/Wants

    Children may express frustration because they want a particular toy, don’t want to eat a particular thing, need attention, etc.

    Older Children

    Older children who bite may do so because they are still developing language, emotional, and social skills.  If a child is not able to express emotions such as anger or frustration in other ways, she may use biting to do so.  Unusual happenings or changes at home may cause a great deal of anxiety and fear.  Children may act aggressively to work out such fears.  Biting incidents in older children may require a great deal of observation and discussion between staff and parents to determine the reason(s) for the problem.

    What does center staff do to try to prevent biting incidents?

    Overcrowding or not getting enough individual attention can lead to situations in which children bite.  That is why our center follows the National Association for the Education of Young Children guidelines in keeping staff-child ratios low and group sizes small as recommended for each age group.  This also allows for close and careful supervision of children.

    Staff are well-educated about and always mindful of the special characteristics and needs of children they work with.  Children’s developmental characteristics and needs are carefully considered in arranging the environment, scheduling, planning activities, and choosing materials.  Children are allowed plenty of space and time in which to explore and make choices.  These considerations help prevent boredom and/or frustration which can lead to biting.

    Staff provide positive role models in social interaction for all age groups.  They encourage positive social interaction by teaching and praising appropriate social behaviors.  Children are encouraged and taught how to verbalize their feelings.  This helps children learn to communicate and interact with others in positive ways.

    How does staff handle biting incidents?

    Even with all of our efforts at prevention, biting is still likely to occur.  When it does, our staff use consistent and pre-agreed methods to handle the incident.

    In any biting incident, staff must stay calm.  Overreaction or punishment can actually reinforce biting and escalate the behavior.  It is most important to comfort the victim and the biter (who are probably equally horrified) and then give attention to correcting the behavior.

    Any biting incident is handled with the following procedures:

    (1.)  Staff member uses facial expression and firm voice to tell biter that biting is not acceptable.  (Actual words depend on age of child and situation.)

    (2.)  Staff member gives full attention and comfort to victim while keeping a close eye on the biter.

    (3.)  In a couple of minutes, staff member returns to biter to give the child attention and re-direct him to another activity.

    Older children may be asked to find a quiet space in which to calm down.  An older victim may be asked to express to the biter her feelings about being bitten.  The staff member involved will discuss the situation and the biter’s feelings with him and help him find alternatives.  

    When calm is restored, the staff member will record the incident in an incident report:  time of day, situation in which biting occurred, where it took place, how it was handled, etc.  This incident report is given to the director for placement in the file of both the biter and the victim.  (THE BITER’S NAME IS NOT RECORDED ON THE VICTIM’S REPORT.  THE VICTIM’S NAME IS NOT RECORDED ON THE BITER’S REPORT.)

    Finally, staff will consider the incident and try to determine the reason(s) it occurred.  This will help staff become aware of situations in which biting is likely to occur and will help in preventing future incidents.

    IMPORTANT:  Staff will NEVER bite a child back nor encourage a victim to do so.  This conveys that biting is acceptable behavior.  Staff will NEVER force a child to apologize.  A child can not be made to feel regret unless it comes naturally from inside herself.



    Above all, we “Remember there is no quick cure and a calm approach and patience are probably the caregiver’s most valuable assets.” (McKay, 1988)

    Will I be informed if my child bites or is bitten?

    If your child is bitten, you will receive an incident report on the day the incident occurs.  If the skin is broken, the director will attempt to notify you immediately as you may wish to consult your family physician.  At no time will staff provide the name of the biter.

    If your child bites someone, first of all, remember this is common behavior.  After any biting incident, you will receive an incident report on that day.  If the problem becomes chronic and/or staff can not determine reasons for the biting, we would like to arrange a conference to discuss the situation.  If at any time, you are concerned about your child’s behavior, please talk to his primary caregiver or the center director.

    What should I do if my child is biting others?

    You may feel defensive at first, which is normal, but remember biting is a common and normal behavior.  We are concerned about your child’s well-being.  Center staff is obligated to keep you informed of any important changes in your child’s behavior or development whether positive or negative.  We want to keep you informed and seek your assistance when necessary.

    First of all, remember to stay calm.  It is usually a phase that will pass quickly.  Punishing your child at home for biting incidents at school is unlikely to help.  It is damaging to a child’s self-concept if adults become angry or punish her for behavior that she can not control.  Rather, it may be helpful to give your child extra time and attention.  You may wish to discuss the dangers of biting with your child if he can understand.  If biting is a problem at home, too, discuss solutions with your child’s primary caregiver.  If, at any time, you have concerns about your child, please see your child’s primary caregiver or the center director.

    You may also wish to consult the sources listed below.  They are available in the Parent Library.

    SOURCES

    Brazelton, T. B.  (1992).  Touchpoints:  Your child’s emotional and behavioral development.  Reading, MA:  Addison- Wesley Publishing Company.

    Bredekamp, S. (Ed.).  (1987).  Developmentally appropriate practice in early childhood programs serving children from birth through age eight. Washington, D.C.:  National Association for the Education of Young Children.

    Essa, E.  (1983). A practical guide to solving preschool behavior problems. Delmar Publishers Inc.

    McKay, F.  (1988).  Discipline.  In A. Stonehouse (Ed.), Trusting toddlers:  Planning for one-to three-year-olds in child care centers (pp. 65 -78).  St. Paul, MN:  Toys ‘n Things Press.

    Mitchell, G.  (1982). A very practical guide to discipline. Telshare Publishing Inc.

    Mitchell, G.  (1993).  Help!  What do I do about a child who bites? Early Childhood Today, 8 (1), 50-51.

    Wittmer, D.  (1992).  Children who bite. Pre-K Today, 6 (6), 49-52.

  6. such a great example of why america is going to potts..right away lets sue and see how much money we can get...does that make your daughter any safer or feel better???......in a situation with a bunch of kids anything like that can happen at any time..how is this the fault of the nursery????..it only takes a second for one child to bite another.....this will happen with kids..are you going to sue the school also when your child gets into a fight to????...tend to your child and make sure they are ok and ask the nursery how they handle this..will they mention it to the other parent to work on at home with there kid....

  7. No at a nursery you know she's going to come into contact with other children and their behaviour can't be predicted.

    The only way to avoid this is to send her to a one to one child minder.

  8. Hi, I am a nursery teacher, I have 3 children of my own and unfortunately this happens often.  It is not always out of anger that these children bite.  Sometimes they are unsure of how to express themselves and the biting is actually a show of affection.  It quite often upsets the parent more than the children themselves.  Please try and put yourself in the position of the other child's mother.  I would definitely recommend you talk with the nursery teacher supervising your child and see how you feel then.  Hope this helps you with this issue.

  9. get real, it's just part of growing up. stop being greedy & using your grand daughter to make money for yourself. you should be ashamed of yourself

  10. it would be pointless to sue but the child who bit her should get some kind of suitable punishment and be kept away from your daughter in future says my 9 year old daughter

  11. You should check your agreement with the nursary. Alot of times they have a disclosure about not being responsible for any injuries. The best thing, I think is to call a laywer. They will give you free advise over the phone. If your daughter is fine and has no medical bills I wouldn't sue. Sueing causes prices to go up and isn't always worth it!

  12. Hi There,

    I have been working in nurserys for the past 5 years and if a parent would sue me because a child in my care had been bitten i would be devestated. Biting is a learning curve all youngsters go through...just like puppys. Im sure the child would have been disciplined at nursery and if parents were informed measures are probably in place at home too. There are much worse things that can go wrong in this sort of environment. Encourage staff to talk about good behaviour...being kind and why we don't bite. If you was the parent of the child who was the BITER!! how would this make you feel?? an unsuccesful parent?? let down?

  13. for god sake get a life!!!

    kids do stuff like that 2 each other its not the nurseries fault. anyway it will tuffen up ur daughter, u cant rap her i cotten wool wat u gonna do when she at school sue every child that calls her names!!!

  14. No you can not sue them! Kids will be kids, and some kids bite. Ask what was done to the other child. Don't talk to the other parent, they were not there to stop the child, it is not their fault.

    The bruise went did it not? The piercing healed did it not? If the child fell over and got a graze is it the centres fault for not having a staff member for each child? Should they be sued for negligent care? No! It is an accident, stuff happens.

  15. I can understand why you are upset, but children get hurt and they hurt each other. Children bite -- it's what they do. The center is limited on the action they can take with the child that bites and you may not be aware of the steps they have taken with the other child. Suing them is not the right course of action. Ask if they have set up an action plan detailing the steps they are taking to address the situation. Let them know you are concerned, but do not make threats.

  16. if the skin is broken you should take your child to the doctor for follow-up. the health dept should cover costs of shots to cover a human bite, if you notify them immediately. as for suing, no. why. this is a typical injury in group care for kids under the age 5. biting happens, this time the bite was more severe. sorry this happened, sometimes kids can become quickly aggressive and bite hard enough to bruise before a teacher can intervene.

  17. No, kids are kids. The bit your child receive is just the same as her hitting and child over an toy. I am sorry your daughter got bitten but, kids express their angry different from adults. Just see if your child needs and Tenius shot (which I doubt it) and she'll be fine. But, the other child needs to be taught to not bit on kids because they can expose themselves to harmful bacteria.

  18. Kids are kids. Stuff like that is bound to happen. Technically though it is possible to sue but you'd have such little chance of winning at all since you'd have to build up so much evidence and the case would look like child's play itself to almost everyone involved, your side and also the suit itself wouldn't be taken seriously at all.

  19. Compensation culture again, when will it ever stop.

  20. Thats all people want to do now a days!!! Sue...sue...sue...

    Things happen...kids do these sort of things...no it may not be right...but thats life.

    Did you ever think to try to talk to the parents of the other child???

  21. you could have a word with the cab but i would think you are being a bit hard on the nursery staff kid do things like this i know you are made about what's happened i would be to . ask your self is this the first tI'me your daughter as been hurt . kids are a hand full im a dad and we can't watch them every second of the day . nursery staff are people just like us just doing there job . tell them that you are unhappy about what's happened and ask them to keep there eye on the one that did it . like i said i understand you are made with them . good luck

  22. No.  If the nursery school teacher bit her, you'd have a different situation and could easily sue.

    Why do you think you need to sue?  Do you think the nursery encouraged the other child to bite your child?   Do you think this was part of their normal activities?  

    Maybe they can just put duct tape over every child's mouth and bound their hands behind their backs so they can't rip off the duct tape?  (Well...YOU think of a realistic suggestion on how to stop it)

    Good Lord, lady.  Get a grip on reality.  I was opening this up thinking you would have a real question like a huge list of problems with the school.  Reality check:  Children, especially at that young age, bite things.  

    I sound rude in this, but I read your replies to people's statements and it seems that reality simply is NOT sinking in for you, so excuse me if I seem harsh.

    Matt, who believes this answer won't be chosen by the asker as the best one.

  23. As a preschool teacher,we have a policy where if anything happens to any child,the parents are informed of what happened & the full incident. The school should by all rights have told you what had happened & they could have prevented the bruise from happening. I am not sure about the sueing part.

  24. You could yes...should you...NO

    give it a break...sue happy people.. meh makes me sick.

    What are you going to do if a tornado hits your house sue the weather???

    Get a life

  25. No you can't sue them. But you might ask a few questions about their staffing levels.

  26. kids will be kids, if you can't deal with it keep her home. why is it everyone tries to get undeserved money? get a grip!

  27. Speak to the supervisor, owner, head honcho.  Whoever is the big boss.  Tell them that  you do not feel this situation was properly handled.

  28. I betcha most of the people who answered this don't even have a kid. If my daughter came home in that condition, I'd be furious. I wouldn't sue, but I'd take some kind of action. And for those of you who advised this asker to take HER child out of daycare, are you NUTS? I say take the BITER OUT OF DAYCARE. Why should the victim by removed??? Jeesuss.

    Most kids DO NOT BITE, and those that do should be dealt with.

    I repeat, MOST KIDS DO NOT BITE, for those of you who followed this message.  They are not puppies.  AND when puppies bite, they are punished.

  29. I would just report it to the department that regulates child care centers in your area.  You can take her to the doctor to get documentation of her injuries and to get reassurance that she will be okay.  Take pictures of the injury.  The center should take the necessary steps to make sure this does not happen again.  I fit does they could face some type of action.  I hope she is okay.

  30. I hope you had an MD look at the bite.

    The best way to answer this yourself is to reverse the situation:  How would you feel if it was your daughter who bit another child?   This kind of thing happens in nurseries or child care centers.  If you want your child to be 100% "safe", then you have to look after her yourself.  

    I hope you decide wisely.

  31. This society has too many law suits as it is.  Unless the school left your daughter alone with this girl, or didn't do any first aid, or told the girl to bite her, why don't you let it go.  It wouldn't hurt to talk to the other girls parents, they should know that their daughter is going through a biting phase.

    I think this is just part of growing up and being around other kids, the other girl should be disciplined, but its not the end of the world.

    If your daughter needs medical attention take her to the doctor.

    Gee, and people say homeschoolers are overprotective!
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