What to do if while playing on daycare playground our son feel/was pushed by another old child and fell backwards against a tricycle that was in the yard?

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What to do if while playing on daycare playground our son feel/was pushed by another old child and fell backwards against a tricycle that was in the yard?

We had to take him to ER and get staples in his head. There was alot of physical and emotional trauma from all of this. We waited for the hospital bills to come. The daycare agreed to pay for the first bill of $200 but when we got our second bill of $620 they said they wouldn’t pay and it was our responsibility. They also said they didn’t have insurance. We were willing to let it go assuming they would cover the medical bills but when they fail to even do that, we feel we need help.

Asked on December 20, 2012 under Personal Injury, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your child was currently under the supervision or care of the day care facility, then if the injury occured because they were not adequately supervising the children, then they may be liable for the additional medical costs. If, however, your child was not in the day care's control at that time, but, for example, you had simply taken him to use the playground, they most likely would not be liable, because in that case, they did not then have a duty to supervise him.

Another option is to seek the money from the family of the child that injured him; parents are often liable for the wrongful acts of their children.

If someone who may be liable is not voluntarily paying, you could sue that person or business for the money; a good option is to sue in small claims court, where you could save on legal fees by acting as your own attorneys.


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