Can a sue a daycare for negligence?

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Can a sue a daycare for negligence?

Today, my 1 year old was being chased on the playground near a hill when he fell, chipped his tooth, and scraped his face. He has been bit several times while at the daycare the bitten body parts include face/cheek, head, stomach, and back/shoulder blades. Some bites have broken the skin. The daycare has failed to provide physically notices the stated they thought he arrived with the wounds. My 1 year

old has escaped the playground through a small hole in the fence. The daycare does not stay in student – teacher ratio. know where I should go from here.

Asked on March 9, 2017 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they are not adequately supervising the children--that is, if their level of supervision is less than a reasonable daycare would do--then they may be liable for any injuries. But it's not clear that it's worth suing economically: as distressing as what has happened is, you do not indicate that your son has suffered permanent (or at least long-lasting) significant or serious disability or life impairment, or large out of pocket medical bills. But when you sue, you can only get compensation equivalent to your actual costs, losses, or the seriousness of the physical injury. Based on what you write, you could spend more on the lawsuit than you would get back.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they are not adequately supervising the children--that is, if their level of supervision is less than a reasonable daycare would do--then they may be liable for any injuries. But it's not clear that it's worth suing economically: as distressing as what has happened is, you do not indicate that your son has suffered permanent (or at least long-lasting) significant or serious disability or life impairment, or large out of pocket medical bills. But when you sue, you can only get compensation equivalent to your actual costs, losses, or the seriousness of the physical injury. Based on what you write, you could spend more on the lawsuit than you would get back.


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