My child get injured in the daycare, what should I do?

UPDATED: Sep 30, 2022

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My child get injured in the daycare, what should I do?

According to the daycare, my child fell on an edge of a shelf, she had an injury on
her forehead.

Asked on May 6, 2016 under Personal Injury, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF the daycare was at fault in the accident, such as by not properly monitoring or supervising the children, they may be liable for their negligence, or carelessness. That said, it might not be worth suing: you can only get compensation equal to your out-of-pocket (not paid by insurance or Medicaid) medical costs, lost wages (if you missed, say, a day of work to take your child to thd ER), and, if your child suffers some long lasting life impairment or disability or significant disfigurement (e.g. more than just a small scar), some amount for pain and suffering.
But if, as we hope, your child is ok and you only have a copay for the ER visit, it's not worth suing: you'd spend more time and/or money on the lawsuit than you'd get back.
If the daycare was not negligent or careless--they were supervising the children the way daycare should, but your daughter just happened to trip and fall, as children do--they would not be liable in the first place. Liability depends on being at fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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