If my 2 year old bit another child at daycare and broke the skin, canI be sued?

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If my 2 year old bit another child at daycare and broke the skin, canI be sued?

If so, what is my liability?

Asked on August 12, 2011 North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This all depends on if this two year old appreciates the consequences of his actions. Most two year olds do not appreciate the consequences of their actions and are just learning right from wrong, so while you theoretically may be sued for medical injuries, most parents do not sue each other in a day care environment for something their child can do just as easily to someone else. Now, it would be a different story if the matter became chronic and you did nothing to help prevent it. If you have been sued, you need to talk to an attorney, because the day care could be just as liable if not you alone.


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