I would like to know if I have grounds to sue my daycare for negligence?

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I would like to know if I have grounds to sue my daycare for negligence?

This week 2 incidents have occurred. On Thursday, we had a very rainy wet day in the area. They allowed the children to play on wet playground equipment. My son flew down the slide so fast that he flew in the air and landed in the mulch on his face causing a large amount of scratches, some deep enough to bleed. I was not notified at work of the incident and it was not brought to my attention until I picked him up for the day. The very next day when I came to pick him up he had a swollen black eye and his glass frames were bent. The glasses were purchased on a few weeks prior. Again, I was not notified at work. Due to the swelling next to his eye, I believe I should have been call as he could have potentially developed a concussion. When I asked the worker what was done to make sure that everything was alright, she said they asked if he was ok and he said yes so they laid him down for a nap I am not a medical worker, however I do know you are not to try to put someone to sleep you may have a potential concussion. Prior to this week’s incidents, 6 months ago there was an incident where another child was physically choking my child. The daycare did not notify me until 3 days after the incident. I was never contacted at work. I was not notified for 3 days They would not discuss the severity of the issue either. The only response given to me was that it would be discussed with the other child’s parents. how can another child be strangling another child when they are to be supervised at all times. Then, 2-3 weeks ago, I was told after work that a little girl had asked son to remove his pants to see his private parts. My son who knows this is wrong, ran away. The teacher was obviously listening to the conversation as I once again was not called at work, but told at time of pick up. I do not know they any conversation or any consequences were given to the inappropriate child. This made my child feel unsafe and uncomfortable to be asked to remove his pants. This should not happen as he should be supervised at all times. This is what I pay the daycare to provide. I have a witness who previously worked at the daycare who knows about the choking incident and agrees it was not handled completely appropriately who would testify in our favor. The last incident was a day that I picked my son up early from daycare for an appointment. They had the safety gate left open and there was a child around the age of 2 wondering around the parking lot. The care workers were all on cell phones paying no attention. I picked up the child and brought him over and gave him to one of the workers who tried to place blame on the others for him getting out. I am questioning if I have grounds to appeal this daycare for negligence based on the above information. What would this entail?

Asked on May 12, 2017 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There are two separate components to a viable, or worthwhile, lawsuit: negligence, or unreasonable careleness; and damages, or the injuries or costs for which you are suing. 
There may well be negligence based on what you write: they appear to not be supervising the children properly.
But you do not describe, fortunately, serious injuries resulting in large medical bills and long-term disability or impairment for your child. That means that the amount of money you could get for, say, a black eye or scratches, for example, is very limited--you would, based on what you write, almost certainly spend more on the lawsuit than you would get back or win in court.


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