Daycare bully pushed grandson off slide and resulted in a broken wrist. 2 hospitals, sedation and cast. Who is held responsible, the daycare or the offending child’s parents? Do we have grounds to recover lost income and damages incurred?

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Daycare bully pushed grandson off slide and resulted in a broken wrist. 2 hospitals, sedation and cast. Who is held responsible, the daycare or the offending child’s parents? Do we have grounds to recover lost income and damages incurred?

Friends of the family quite by accident heard the child bragging about pushing our grandson and breaking his wrist. Text were saved along with a photo of the child who did the pushing. He is a known bully to the daycare center.
Who do we pursue?

Asked on October 12, 2016 under Personal Injury, Pennsylvania

Answers:

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

Answered 5 years ago | Contributor

Prior to filing a lawsuit against the daycare for negligence (negligent supervision of the kids), it may be possible to settle the case with the daycare's insurance carrier.
When your grandson completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports.  Your grandson's 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.  You don't have grounds for a wage loss claim because a wage loss claim is applicable to the injured party and since your grandson is in daycare, there isn't any wage loss.
If the case is settled with the daycare's insurance carrier, NO lawsuit is filed against the daycare.
If your grandson's parents (or if you are the child's guardian)  are dissatisfied with settlement offers from the daycare's insurance carrier, reject the settlement offers and file a lawsuit against the daycare for negligence.
Your grandson's parent(s) or you will need to be appointed guardian ad litem to file a lawsuit on behalf of your grandson because he is a minor.
In addition to the daycare, if the case is NOT settled with the bully's parents, they should also be named as defendants in the lawsuit. 
One lawsuit is filed for negligence naming both the daycare and the bully's parents as defendants.  If the case is settled with one, but not both parties (daycare and bully's parents), only name the party with whom the case has NOT settled as a defendant in the lawsuit.
If the case is NOT settled, the lawsuit on behalf of your grandson must be filed prior to the expiration of the applicable statute of limitations or your grandson will lose his rights forever in the matter.


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