What to do if my son goes to a daycare and about 2 weeks ago a boy slammed my son’s face on the floor?

UPDATED: Nov 18, 2013

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What to do if my son goes to a daycare and about 2 weeks ago a boy slammed my son’s face on the floor?

No one called to let me know he was hurt, when I arrived to the daycare to pick him up he was holding his arm up. The didn’t write an incident report. We went home and I told him of he was still hurting then I would take him to the ER. So the next morning I took him and they gave him an xray and it was fractured.

Asked on November 18, 2013 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the boy was able to do this because the children were not being supervised properly, then the day care could be liable for the attack; they could also be liable IF their delay in calling you caused the injury to get worse. In this instance, you could recover your out-of-pocket (not reimbursed by insurance) medical costs, any lost wages (such as if you had to leave work early), and other direct costs from the injury; however, if the day care chose to not pay voluntarily, you'd have to sue, which may or may not be worth it, depending on the extent of the costs.

If on the other hand, the attack would have happened no matter what--that is, even if the children were being well-supervised, one boy could have grabbed and slammed another--then there would be no fault and no liabilty. And if the delay did not cause the injury to get worse, that would not support liability, either.

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 AttorneyPages.com 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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