18mo old burnt by hot glue gun at daycare what can i do?

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18mo old burnt by hot glue gun at daycare what can i do?

My son 18mo. Was dropped off in the
morning at daycare 700am and was put
in a room with 3 yr olds until his
teacher got there. Within the time of
being in this classroom a teacher
plugged in a hot glue gun and was not
paying attention that my son got a hold
of and burn his arm about half dollar
in size no incident report was made,
No treatment Nothing It seemed as if
no one had answers when asked. After
reviewing the tape the teacher of that
room finally confessed it was in her
care and it was a hot glue gun EVERYONE
has answers another teacher even
commented she saw glue on him arm but
still no reports where made and no
treatment. I have video and pictures.
Even if it is just his arm it could
have easily been more severe.

Asked on July 1, 2016 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The daycare is liable for your son's injury.
Prior to filing a lawsuit for negligence against the daycare, it may be possible to settle the case with the daycare's insurance carrier. Notify that insurance carrier in writing of your son's personal injury claim.
When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in his medical treatment where no further improvement is anticipated, obtain his medical bills and medical reports. His personal injury claim filed with the daycare's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of his injury, and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the daycare's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the daycare's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the daycare on behalf of your son. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled with the insurance carrier, the lawsuit for negligence against the daycare must be filed prior to the expiration of the statute of limitations or your son will lose his rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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