Child injured under daycare supervision...

by Concerned Parent

My 1 year old Son started a new Daycare three weeks ago and each week encountered a different problem. The first week he picked up Strep Throat. No big deal here, as I understand that picking up germs from other children is inevitable.

The second week he was injured after his teacher closed a door while his finger was in a door jam. This resulted in a crushed finger and 4 stitches at the Emergency Room. The third week we received a call that another child bit him. Hopefully he doesn't contract any illness (e.g Staph) but time will only tell.

Do we have any legal recourse for remedies? The Daycare center offered to pay his medical bills but started becoming distant after I asked for their offer in writing. What can we do about this? I look forward to your feedback.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Child injured under daycare supervision...":

Concerned Parent (Houston):

Asking the daycare center owner or management to reduce their agreement to writing was a red flag to them. Such action may have implied a prelude to legal action.

If all you want is to have your son's medical bills reimbursed, and the daycare center has agreed, then consider telling them their offer to do so will not have to be in writing. This will help diffuse the tension, and bring about a prompt resolution.

In the alternative, if you want additional compensation for your son's pain and suffering, you will have to consult with a personal injury attorney in your area. You can be confident that without legal representation the daycare center will not agree to pay additional compensation for your son's pain and suffering.

For more information about Child care licensing, requirements, and regulations go to:
Texas Department of Family and Protective Services

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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