What is my recourse if my 3 year old son was injured at his daycare while playing on playground equipment that was missing a bolt?

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What is my recourse if my 3 year old son was injured at his daycare while playing on playground equipment that was missing a bolt?

Asked on September 13, 2011 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be able to sue the daycare if the daycare was negligent--or unreasonably careless--in how they inspected, maintained, installed, etc. the equipment. You might also have a cause of action against any outside or third party contractors or repair services or personennel, who did the work.

Of course, lawsuits cost money, so if your child was hopefully only slightly injured, and you hopefully only incurred minimal medical costs, it's not worth suing--you can only recover an amount commensurate with the extent of losses or damages.

Note that if the daycare is not private but is instead city provided, there are strict limitations and strict rules about how long you have to sue and how to provide notice of the claim; if you are thinking of suing a municipal (or state) entity, contact a lawyer immediately, before time passes.


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