My child is at a daycare where I previously worked. Since leaving, my son has been bitten numerous times with no change in routine to stop the behavior. Considering I have worked there, I know it is the same child. One week my son was bitten three times back to back.
The daycare tried to hide the corresponding behavior reports to these incidents. My son then had to go to the emergency room when a puzzle was placed on the top shelf and fell on top of his finger when another child pulled it down. His finger was smashed completely and needed sutures due to how bad it was.
Do I have any grounds for a case against the daycare? What can be done to get them to address these injuries and the potential for harm? 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.
The first issue a court would consider is your failing to mitigate the circumstances of the repeated injuries to your son.
From the facts you present, your son continued to be bitten on numerous occasions and yet you allowed him to remain in the daycare center. This is exacerbated by your having failed to remove your son, not after the first bite, but at least by the second, or worse, the third.
Moreover, you knew there was a specific child at the daycare center who inflicted the injuries upon your son, and yet, you apparently took no action to address the problem with the daycare owner while your son was still there.
You worked at the daycare center. This makes you extremely culpable because you knew what was going on in the daycare center, and with that knowledge you took no action to remove your son from the repeated infliction of injuries.
While the daycare center may have attempted to hide the behavior reports, and may be negligent in some respect, that is irrelevant because you knew your son was consistently being bitten and otherwise sustaining injuries.
Not only do you not have a personal injury claim on behalf of your son against the daycare center, but if you persist in pursing the matter you may be questioned by the authorities as to why you permitted your son to continue to be repeatedly injured while you took no action to remove him from the danger.
Learn more here: Daycare Liability for Injuries
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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