Visitor Question

Is daycare center liable for any bills

Submitted By: Janine (Texarkana , Texas)

At the daycare my son fell and hit his head on the table. The space between his eyebrows was cut open. he required 4 stitches) They called me and I got there as soon as possible. I was under the assumption that they would have taken him to the hospital but apparently they were just waiting for me to get there and then told me to take him to the hospital. should they have taken him to the hospital? are they liable for any portion of the bill?

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 Janine ,

Day Care Centers are required to do everything within reason to assure the children are safe from undue harm and injury. Within reason may include keeping sharp objects away from the grasp children, covering electrical outlets, providing reasonable security, performing background checks on employees, etc.

For the day care center to be liable will require you to show the table was unreasonably sharp, or it blocked the path of the child, or was otherwise causing an unreasonable danger to the children; more specifically, your child.

Based on the facts, the school does not appear to have been negligent. As a result, you do not have the basis of negligence claim against the daycare center.

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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.

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