Should I sue the Daycare where my son was Injured?

Question

My 5 year old son broke his arm and no one's knows how! They told me to ask him what happened... He's about to have his second surgery at the end of the month. He has a compound fracture of the forearm breaking both bones and now has a pin in place. I pulled him and my other son out of that daycare. I'm a single mother of 2 and their negligence has cost his pain and has cost me days off work that i'm not getting paid for! I'm going to file a complaint against the licensing bureu but should I sue?

Answer 1

i would say yes.  if they had handled it properly and been very upfront and helpful i would say no, accidents happen with kids, but the fact that there is so much discrepancy about what happened and they are not handling the paperwork properly that shown neglect and you definalty have a case in my opinion.  

Answer 2

You should talk to a lawyer. They may be responsible for the cost of medical bills, etc.

While you can sue, it does not mean that you will win the case, and it may cost more time and money than its worth. This sounds like an accident, they even happen in the best daycares.

The daycare is refusing to tell you who hurt your son, b/c they are not allowed to, by law. I used to work in a daycare, and we were never allowed to disclose who injured the child or put it in the incident reports. It is for the safety and confidentiality of the other child.

This is probably going to be an uphill battle. You are going to have to provide proof that the daycare was negligent. Kids fall all the time, so just b/c he was injured does not mean they were not supervising. You would have to prove there was no supervision.

I had a child in my care that cut her head open on the playground. She was not seriously injured, but did need a few stitches. When asked how she did it I had to assume what happened as I was facing other children at the time. I was completely in ratio and supervising the children, but as I called the girl to come back to the group she ducked under one of the "bridges" on the play equipment and came up too soon, hitting her head. While I didn't witness it directly(since my back was turned), I could easily assume what happened.

It is best to talk to a lawyer and ask them if it is worth it.

Answer 3

I don't understand.  No one knows how he broke his arm, or no one at the daycare knows how he broke his arm under their care?

Certainly file a complaint, but it's somewhat difficult to sue when the only person that might know what's going on is your son, who's only five years old.  Unfortunately, his age makes him a somewhat unreliable witness.

Answer 4

In all daycare there is something call, 'An Incident Report'. This is a report that the daycare has to fill out whenever  a child is injured by law. You have a right to obtain a copy of this report. Good Luck

Answer 5

I wouldn't say the daycare needs to be shut down like the person before me, children have accidents. They should however be able to tell you how it happened and hopefully they have cameras in the rooms and play areas so that maybe they have video of it. I do not know how their or your insurance works but they should compensate you somehow since the accident happened in their care.

Answer 6

I WOULD. As long as you can prove it happened at the daycare. i don't see why you can't win. That daycare needs shut down.

I hope your son gets better soon!!!

Answer 7

id say so they probably do know but didnt tell you so they wouldnt be responsible for it

Answer 8

Accidents happen. At 5 he should be able to tell you what happened. Sometimes a child just falls the wrong way. It can happen anywhere. They should have insurance for the hospital costs if it happened there.  You have to prove they were negligent first.  

Answer 9

ABSOLUTELY!  I work at a daycare and that is extremely unacceptable. They should know where your child is at at all times...go for it, sue them, as far as you know, more kids are getting injured with no one watching them.  

Answer 10

Probably NOT. Your Problem IS; since you don't really KNOW -how, when, & exactly WHERE it happened, it's gonna be AWFULLY Hard to PROVE it's the Daycare's Fault. And if you Sue & LOSE the case, you're going to end up paying for THEIR Legal expenses- as well as your Own ! So I'd think about it VERY Carefully- before I went ahead & got a Lawyer. :0  

Answer 11

I would talk to a lawyer about it.  That is horrible that they can't even tell you what happened.