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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.


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