What can be done if my son has been bitten 27 times in 11 months at his daycare and they refuse to ask the kid that has been biting to leave?

Everything they have tried has not worked and continue to put my child in danger. We were told 6 months ago that they would ask the kid to leave if it continued. Yet, it continued for 4 months and still they did not ask him to leave. They moved the biter after 17 times into another room, brought another child into my son’s room and now he has been bit by the new child 10 more times.

Asked on August 15, 2014 under Personal Injury, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) You should terminate any contract or agreement without penalty, due to the fact that they are not providing a safe or reasonable environment for your child. Therefore, you should be able to take your child to a different care provider.

2) If you child has suffered injuries (real injuries, leaving scars or requiring medical attention) or you have incurred out of pocket medical costs, you could sue the daycare for those  injuries or your costs, under the theory of negligent supervision.

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