If my son hurt another child while playing in after care and the other child had to go to the dentist, am I liable or is the day care center?

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If my son hurt another child while playing in after care and the other child had to go to the dentist, am I liable or is the day care center?

My child is 6 and the other child is 6.

Asked on December 7, 2011 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) You could be liable if your child deliberately injured the other child or was unreasonably careless--even by the standards of 6-year-olds--in causing the injury. That's because if you child is at fault under either of these standards, you, as the parent would be liable. You and your child would not be liable if your child did nothing wrong.

2) The day care center could be liable if they were negligent, or unreasonably careless, in how they supervised the children--e.g. let them roughhouse too much, engage in risky play, etc.

It is possible for both you and the daycare to be liable at the same time, if your child and the daycare were both at fault in their own ways.


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