My 8 month old son was at his daycare and his teacher placed him on a rocking toy. The toy did not have any restraints or belts and he almost fell off twice as she was trying to sit him on it.
She sat him up and left him on the toy, turned her back and walked away. Seconds after she left he fell off the toy and hit his head very hard on the ground, causing swelling and several scratches.
I didn’t believe her so I viewed the videotape showing what happened. I took him to the ER and he ended up having a concussion. Can I sue the daycare center for neglect? Is the teacher guilty of a crime for lying to me about how the injury happened? Should I report her or the daycare to the police?
I’m not sure what to do so any info would be helpful. 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.
Let’s start by making very clear that under the facts you present the teacher did not engage in any form of criminal conduct, even if it can be shown the teacher misrepresented facts to you. As a result, there is no reason to consider reporting her to the police.
The same holds true for the daycare center and its owner. There is no evidence of any type of criminal conduct, even in the face of your son’s concussion.
From the facts you present, the daycare center, through the worker, might have exhibited some negligence. This is especially true if it can be shown the rocking toy was not “age-appropriate” as designated by the manufacturer. Moreover, negligence may attach because the videotape shows your son had almost fallen off the rocking toy twice.
Daycare centers are normally insured. In an effort to have your son’s medical bills and resulting costs reimbursed, make an appointment with the daycare owner. Turn over copies of medical bills, and receipts for your out of pocket expenses, and even a written verification from your employer showing wages you may have lost while taking your son to the hospital or doctor, and for the time you may have to spend at home caring for him.
If the daycare owner refuses to cooperate, or in the event you want to pursue compensation for additional damages such as pain and suffering, consult with a personal injury attorney in your area.
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.
Best of luck with your claim,
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