Can we sue a daycare for an injury that our child received while there?

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Can we sue a daycare for an injury that our child received while there?

My wife and I go to a gym with a child daycare center in it and the other day while we were working out they called us down to come change our child’s diaper. After going back to check the kids out of the daycare, we realized that our 1year old seemed a bit off. When we got him home we thought that he had hurt is bottom because there was a reddish bruise in the area. The next day we awoke to him crying and screaming his head off. When we ran into the room we realized his left shoulder did not look like his right. We took him to the ER and they took X-rays which led to a broken/fractured clavicle bone. Can we sue them if the injury was taken place at their facility or done by an employee at the facility?

Asked on April 22, 2015 under Personal Injury, Nevada


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

Answered 7 years ago | Contributor

You can sue the daycare for negligence, but prior to filing a lawsuit it may be possible to settle the case with the daycare's insurance carrier.

When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports.  Your son's personal injury claim filed with the daycare's insurance carrier should include these 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 settlement offers from the daycare's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the daycare.  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 daycare's insurance carrier, the lawsuit on behalf of your son against the daycare for negligence, must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.

The daycare is liable because your son's injury occurred on the premises.  The daycare is liable for the negligence of its employee(s) which occurred during the course and scope of employment.

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 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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