Visitor Question

Should we take action after playground fracture due to negligent employee?

Submitted By: Cassandra (Springfield, Missouri)

My daughter, who is under 2 years old, fell at her school’s daycare. The daycare waited over 6 hours to even let me know. When they did, it was through a Facebook message stating that she had been “crying” and “unable to pick up anything from that hand since the fall.” I picked her up right away and took her straight to the pediatrician, who then put her in a splint and told us that she had a buckle fracture on her ulna and radius.

The daycare owner then sent me several messages stating the women who was hired to watch her has been negligent and allowed other children to be hurt in the past. They had already planned on firing her at the end of the day. Her bills did not add up to much because we have good insurance.

Should we just settle on them paying the little bills that we had ($150) or should we possibly hire a lawyer? Thanks so much.

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 Cassandra,

Based on the facts you present, notifying you of your daughter’s distress by Facebook was clearly inappropriate. While crying would not normally require an immediate notification, your daughter’s failure to lift her arm should have prompted an immediate referral to the school nurse. If the school did not have a nurse on staff, you should have been notified as soon as was reasonably possible.

It’s rare for a daycare owner to make such unequivocal admissions of negligence. Doing so can expose her company to multiple claims for injury compensation. Compensation can include medical bills, out-of-pocket expenses (for medications, bandages, etc.), lost wages (if applicable), and an amount for pain and suffering.

Before considering settlement, be sure your daughter’s injury is fully healed, and that she will not experience future medical problems arising out of the ulna injury. Once your daughter’s pediatrician has determined the injury is sufficiently healed, you can decide if you want to pursue legal action.

Most personal injury attorneys will not charge for an initial office consultation. Once you have visited with several injury attorneys, you will have a better idea of the viability of your daughter’s injury claim, and the probability of a successful outcome.

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,

Published: October 19, 2017

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