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Can I file a law suit on my child's former daycare? need advice!!!?

  • My daughter is 1 and a half years old and last Friday, 12/10/10, there was an incident. I walked into the daycare to pick up my daughter and found an "incident report" waiting for me at the sign-in desk. The incident report said that while the children were outside on the playground my daughter was going down the slide when she ran into another child and the child then bit her on her cheek. Of course I was angry when I found out, but when I saw the bite, I was furious. The bite was bad. I questioned the employees a lot on what had happened but no one seemed to want to give me info or even know what happened. So I went back on Monday to talk to the manager and do some more investigating. I questioned the manager a lot on what had happened and I wanted to speak to the care provider that was "taking care" of the children but she wasn't there. The manager though refused to give me any info. She refused to tell me who the child was or ANYTHING. She said the child was her same age but I don't buy it. I told her that her employees are neglecting the children and she just said "I assure you that action was taken against the other child", "I'm sorry", and "Things like this happen, kids are kids". I think its bulls**t. Also I'm almost 100% sure that they are lying to me about what actually happened. My reason to believe this is because the bite mark on my daughters cheek was upside-down. They have a surveillance camera in the playground area, so I would like to have seen the footage from that day, but guess what? there is a tree in front of the camera blocking the whole view. I really want some advice and does anyone know if it is possible for me to file a law suit against them?? please help! SEE THE BITE MARK: http://s177.photobucket.com/albums/w231/Trae-C_14/?action=view&current=1210001838a01-1.jpg&t=1292622702047 by the way, it DID puncture her skin.

  • Answer:

    Sue for what? Do you expect one of the employees to be right beside your child at all times?

BeautyVa... at Yahoo! Answers Visit the source

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How do you expect to sue the daycare?? Did THEY bite her? Short of locking the kids up in cages all day, or having a 1/1 ratio of children to carers, there is no way to prevent every such incident. They are under NO obligation to identify the other child, and in fact may be negligent if they do. The daycare does not appear to have been grossly negligent, nor have they violated their duty of care. That means there is nothing over which to sue.

Lawsuit for what? Did your child require stitches or need to see a doctor? If not, then what do you have to sue over besides being mad? Kids bite each other. They hit and spit at each other. I'm sure incidents happen while your child/children are in your OWN care...not every single incident can be prevented and if that is your expectation, then the judge may see you as being unreasonable. Incident Reports are considered confidential and privileged information. So they are within their right to deny you any more information than they already have given you. If you don't believe me, then talk to a lawyer. I work in health care and this comes up all of the time with our insident reports and guess what...no matter who requests the incident reports they never get released because they are protected from disclosure. That is just the way the law works.

No lawyer would take this even pro bo because you have no case. Also, daycare centers have the right to refuse any child they feel they can't protect or control. You have already made a huge stink over a trivial matter and you could see yourself being refused all over town. All daycare's by law have rules posted somewhere in the receiving area. I suggest you read them. Let it go and move on. ll

I think you may be over reacting a bit. I read your question and then I looked at the picture of the bite mark. It's not that bad. She will heal up just fine. Kids will be kids.

If you aren't happy with the way the matter was handled, save the thousands you'll spend on the attorney (as none of them who are worth their salt will be taking this case on a contingency basis -- believe me) and put the kid in a day care you like. The two things I see problems with proving would be whether the day care breached a standard of care (which I am pretty sure is not "1:1 staff:baby with omnipresent supervision"), and damages. If the kid needed stitches, then maybe you'll get damages. At worst this is a case of negligence, and that won't get you a punitive damages award.

the rules for most day-cares and even in school is the school/daycare can NOT give you the name of the other student in a case such as this,, this is for the safety of the other student/child.. sometimes parents react badly , you know how it is.. as for talking to several worker and them not knowing, it is always best for just one person/worker to have all the info, sometimes if several people talk about it, things get confused.. I would also be concerned about what they said happened also.. I wonder how/why your daughter ran into another child just after going down a slid and this child just happen to bit her.. sounds funny to me also..as for the bit being up side down, did your daughter go down the slid upside down or what the other child upside down.. this confuses me too. suing them, sorry I don't think so.. but since things did happen on their property, any and all doctor visit should be paid for by them.. that is why they would have insurance.. if you sue, be prepared to find another day care for your child.. but with a law suite, you could get them to cut the tree enough so the camera will be of use to them in the future..

LOL... I wouldn't have this problem. March right into the managers office and tell her the size of the dick you're going to stick up her a** in civil court unless you get some answers. You might want to remind her that in civil actions polygraph results are admissible, you don't need a unanimous jury and that "the preponderance of evidence" is a laxer standard than reasonable doubt. If you still don't get any satisfaction, hire a lawyer and subpoena everything and everyone in sight. You WILL get the ball rolling with that. Just remember than once you open the door on this you have to be willing to go all the way to the end. Good luck.

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