Our 2yr old suffered a buckle fracture while at daycare. The daycare doesn’t know when or how it happened. They are being good about the incident and very caring but we are upset.
She was in a soft cast for a week and has trouble walking right now, but the surgeon says she should recover fully. Can I sue or take any other legal action against the daycare?
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.
Torus, or “Buckle Fractures”, appear quite often in children. They appear more often in children under the age of 5, but have been seen in children much older. These fractures normally occur because children’s bones are still forming and as such are softer than adults’ bones.
Buckle fractures are those which occur when one side of the bone “buckles” under the weight of the other side. A good way to understand the buckling effect is to remember when you were walking and stepped on an uneven piece of ground. When you did your ankle buckled and twisted badly.
Think of the ankle injury and compare it to your son’s leg buckle fracture. The treatment for your son’s Torus fracture was a cast. Most buckle fractures require casting for about three weeks. Your son’s fracture must have healed quickly, and that’s always a good sign.
Taking legal action against the day care center is possible, but before you do consider this…
To do so you will in all probability end your relationship with the center.
Most people in your circumstance would not want to keep their child in the same day care center they are pursuing a legal claim against, especially if a lawsuit becomes necessary.
You will also have to prove the day care center was negligent. Just because your child’s leg buckled does not necessarily mean the day care center did anything to cause it to buckle. Children’s legs often buckle without any outward force. They buckle sometimes under their own weight.
Please keep in mind nothing in this answer should be construed to be medical advice.
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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