Visitor Question

Can I get medical costs reimbursed for my son’s fractured arm?

Submitted By: Amanda (Statesboro, Georgia)

My son was walking to the playground at daycare, they walk on a lead rope with loops for the kids to hold. He tripped and his arm was caught in the lead while the other students were still walking. He dislocated his elbow and fractured his arm.

Facts in bullets:

  • This happened in Georgia.
  • The teacher was not with class, she was taking out the trash (supposed to do that as they leave work).
  • The assistant was with them, however, policy is two people take classes to other areas.
  • Instead of walking out the regular door and down the path they were supposed to, they instead exited out of the emergency exit door and walked on the grass.
  • I was contacted quickly & took him to the emergency room & ultimately the orthopedic for the cast.

Can I request and/or legally get them to pay for the medical costs? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Amanda,

Unfortunately, daycare accidents are a common occurrence. At the time you enrolled your son in the daycare center you probably signed a Release or Waiver of Liability. Within the Release or Waiver is language indicating your agreement to release the daycare center from liability for injuries to your son while at the daycare center.

The agreement you signed when enrolling your son probably had language similar to the following:

“I understand that by signing this Childcare Waiver of Liability, I release and hold harmless XYZ Daycare, and its owners, directors, officers, advisers, employees, agents, instructors, volunteers, childcare workers, and all other persons or entities acting for them from any and all claims, demands, suits, cost and charges, in connection with or arising out of ABC Daycare, including but not limited to, personal injury, bodily harm, injury, or property damage occurring while the above child/children is/are in their care at XYZ Daycare….”

In most cases daycare releases are binding, However, under certain circumstances they may be overcome. Injuries meant to be covered in a release include cuts and scrapes, minor abrasions and cuts, and the like. It is for these injures that daycare center Releases were created.

However, there are more serious injuries which may not be covered by the Release. These can include bone fractures, serious burns, deep gashes requiring stitches, and the like.

To have the basis of a valid injury claim would require you to show that your son’s injury was not covered in the Release, or that the daycare center or its employee were “grossly negligent,” or they displayed a “wanton disregard for the safety and well-being” of your son.

Your son’s case will rest upon determining the level of negligence of the teacher and assistant, and whether the release of liability includes your son’s injuries. These tasks would be difficult for you to complete on your own without the help of an experienced personal injury attorney. Due to the seriousness of your son’s injuries, it’s advisable for you to consult with a local attorney. Most give free initial consultations.

For more information on Georgia Day Care Centers see:
Georgia Department of Health – Schools and Childcare
Rules for Child Care Learning Centers – Chapter 591-1-1

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

Best of luck with your claim.

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