What recourse do I have if my child repeatedly gets bitten by the same child at daycare?

Asked on September 9, 2015 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the daycare will not take reasonable precautions to protect your child, after you have made them aware of the issue, then this should provide you grounds to terminate your contract with them and withdraw your child, if you chose to. If you do this, and you prepaid, you should be able to get at least some of the "unused" money back.
If your child is injured by the other child, the day care's failure to act despite clear warning and past incidents would give you grounds to sue to recover your out-of-pocket not paid by insurance medical costs and, for injuries resulting in some serious or lasting scarring, disability, or impairment, some amount for "pain and suffering."
You could also potentially, if there is injury, sue the parents or legal guardian of the biter, since parents and legal guardians are liable for the harm done by their children.


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