Do i have a case?

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Do i have a case?

While my son was at his schooling/day care yesterday, he tripped and fall and hit his mouth on one of his class table which hot his lip badly. He’s teacher at the daycare said he was playing by himself and hot himself while in the classroom. I will like to know if I have a case with this situation or not because I feel like the daycare is responsible because he was under their care. But, am not too sure about this.

Asked on March 28, 2017 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They are not liable for his injury unless they were negligent, or unreasonably careless, in some way--simply having him under their care does not, by itself, make them liable. Essentially, you'd have to show that they were not supervising him properly when he fell to hold them liable. 
Even if they were liable, you can only recover compensation for your out-of-pocket (not paid by insurance or medicaid) medical costs and, if he has signifiant scarring, disfigurement, or life impairment lasting months or more, some amount for pain and suffering. Unless this was a very severe injury, essentially requiring plastic, reconstructive, etc. surgery, you would spend more on the lawsuit than you'd get back.


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