Is there any legal action that I can take against a daycare provider that failed to reapply sunscreen to my daughter’s facial scar causing a burn?

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Is there any legal action that I can take against a daycare provider that failed to reapply sunscreen to my daughter’s facial scar causing a burn?

written documentation with directions completed at daycare request updated every 90 daysdaycare schedule indicates outside activity 2 times for 1/2 hours eachtaken outside for almost 2 hoursno sunscreen reapplied

Asked on April 19, 2009 under Personal Injury, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Sunburn happens, and no one else is likely to take as good care of your daughter as you would yourself. You may have requested that the nursery school reapply the suntan lotion, but the legal issue would be were they aware of any special circumstances compelling application of sunscreen and were they sufficiently negligent by not reapplying the suntan lotion and/or leaving her out for an unreasonably long time in bright sun.

As a practical matter it would have to be one major sunburn requiring meaningful medical treatment and perhaps resulting in permanent damage to make it worth while for any successful lawyer to be interested in the case.

Without a lawyer the nursery school would not pay, and its insurance company would defend and if there was any recovery that part of it not needed for medical and legal expenses would be put in an account for safekeeping for your daughter until she turns 18.


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