Would I be able to sue my son’s day care if he comes home with marks, bruises, serious

bites, scratches etc.?

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Would I be able to sue my son’s day care if he comes home with marks, bruises, serious

bites, scratches etc.?

We have had to take him to the E.R. a few times because we thought it was that bad. He has almost lost his eyesight from a wicker basket that broke apart when kids were playing in it or around it and it scratched him deep enough to cause a visible scar today. From the lower eyelid to his lower right cheek. We took him to the E.R. The day care did nothing. He comes home at least 3 of the 5 days with some sort of injury. The director states that the security cameras do not record, and when asked for a write-up or some sort of explanation. The director would try and tell us that we are the cause of his injuries. My son would tell us it is one certain child but we don’t know how to handle it. They tell us that our son does not cry outwhen he gets hurt, But when he is at home he calls out to us every time he bumps his head or bites his own finger. This past Friday he came home with several yellow-fly bites on his arms, legs and back. We took him to the E.R. There was no write-up and the director told my wife he did not get them at the day care.I am 45 years old and my son has more scars then I do.

Asked on August 1, 2016 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can potentially sue for his actual injuries (but not what could have happened, like if he "almost" lost his sight, but didn't), which means for both out-of-pocket medical costs (that is, any costs not paid by insurance or Medicaid) and, for injuries causing long-lasting and significant disabiity, disfigurement (including the scar you describe if it is visually bad enough), or life impairment, some amount for "pain and suffering." If he needs counseling for dealing with any trauma, you can possibly recover the cost of counseling. To recover money for these things, you'd have to prove in court that the day care was at fault in some way, such as by not supervising the children--but a pattern of injury and a lack of response by the day care does tend to support that. You should speak with a personal injury attorney (note: many provide a free initial consultation to evaluate a case; you can ask about this before making an appointment) to discuss the situation, how strong your case might be, what it might be worth, and what it might cost to pursue it.


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