Is my child’s daycare responsible for her medical bills if the teacher was negligent at the time of the accident?

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Is my child’s daycare responsible for her medical bills if the teacher was negligent at the time of the accident?

My daughter fell from the monkey bars at daycare and fractured her radius. She and the other children claim that the teacher told them to push her as she was hanging. They did not fill out an accident report that I have seen and the teacher has not spoken to myself or my child since the accident. Another teacher verified that she had asked what had happened to the other children present on the playground. She said this was not the first time he has made poor decisions concerning the children. My daughter is 8. This is an after school program for K-8th grade.

Asked on April 19, 2012 under Personal Injury, Tennessee

Answers:

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

Answered 9 years ago | Contributor

An employer is liable for the negligence of an employee which occurred during the course and scope of employment.  The daycare is liable for the negligence of the teacher.

When your daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports.  Your daughter's personal injury claim should include these items.  Prior to filing a lawsuit against the daycare, it may be possible to settle the case with the daycare's insurance carrier.  As mentioned above, your daughter's personal injury claim will include her medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your daughter's injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  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 daughter because a minor cannot file a lawsuit.  If the case is settled with the daycare's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the daycare's insurance carrier, you will need to file the lawsuit on behalf of your daughter for negligence against the daycare prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

It depends on what happened. It is question of evidence. 

You have the right to sue on your daughter's behalf. You will have to then prove that teacher is negligent somehow. 

She definitely had a duty to supervise the children. And if you can prove that she did not fulfill that duty and as a result, your child was injured, you can recover.

I think it will be tough to prove that she was negligent because of the evidence. Young children will not make very good witness.

Contact a personal injury lawyer in your area.


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