My son broke his arm on a daycare field trip can I sue?
My son was on daycare field trip to a local park. He was on some type of spinning/merry-go-round type ride. Some older boys, one from the school, and one not from the school decided it would be a good idea to push him really fast around. he told them several times to stop, that he didn't want to do it, yet they proceeded. No daycare worker noticed this going on, or did anything to prevent it. After being spun really fast, he became dizzy and fell off of the ride breaking his humerus. He subsequently had to get temporary pins put in his arm and has had it casted. As far as we can tell, no one from the day care actually saw the event; which to us means that no one was watching my 5 year old, playing in a public park. No one stopped the older boys from picking on him which caused the accident. My question is, shouldn't a responsible day care have had eyeballs on my son at all times, especially when in a public park, and if they didn't aren't they liable for this accident? On the flip side if they did have eyeballs on him, shouldn't they have intervened at some point to prevent this accident from happening? From my perspective they were neglectful in protecting the welfare of my child. Do I have cause to sue for this?
Picked up my son from daycare and noticed some pretty awful bruises around his arm?
Does it look like a child size hand or and adult size hand caused the bruises? Is there ANY way it could have happened somewhere besides daycare? The answers to these questions should tell you where to go with this incident. If it happened at daycare there should have been some kind of incident report for you to sign. The teacher should have informed you whether it happened at daycare or not. (As in "I noticed some bruises on xxxx's arm. What happened?) The staff at the daycare are supposed to be aware of the children at all times and they should be aware enough to notice bruising on a child's arm. I am thinking there is a lot more to the story than you think. You might want to consider another childcare program for your son. One where the staff communicate with the parents and notice things like bruises and the accidents that cause them. Good luck.
3 yr old Toddler broke arm at daycare?
My daughter was doing 'flips' (her term) w/another child on a Little Tykes sliding board. She fell, and both bones in her left forearm were broken. They were bad breaks. Her forearm was in a "U" shape. Daycare said "one second she was on the slide, and next she was on the ground". NO ONE saw it happen. Seems to me they were not watching. The answer to that statement better not be 'well, they have a lot of kids to watch and can't keep an eye'. Daycare rode in ambulance w/her to childrens hospital (dad and I couldn't make it daycare in time). She now has a full cast from shoulder to fingertips. Her first appt w/orthopedic dr is Friday. The hospital stated if the set has moved, they may need to operate and insert pins. Is there anything we can do? We've thought the daycare was exceptional, she's been going there for 2 yrs. We live in a small, close-knit community. My biggest problem is, why didn't they stop the kids from unintended use of playground equipment?
Can I sue daycare if my 3 yr old son broke his leg while in their care?
No. It was an accident, that's what happens when kids play. The daycare did nothing that was considered neglectful, nor did they purposely cause injury to your child. They can't put a bubble around your son while he plays, nor can they make him sit & watch or keep him inside while others play. A fall on the playground is not neglect. You can see if they have insurance that will cover it, &/or your own insurance should cover a big portion of it. Why did you have to take off so much school? Couldn't you send your son to daycare while he was injured? Or couldn't a family member or some other daycare watch him? I understand you're frustration, but you can't get mad at the daycare for this, they can't prevent things like that. Lets say you're teaching in a class, one of the students decides to run in the class room, trips over a desk, & breaks his wrist...is it your fault? Would you want to be sued? Too many people are "sue happy", too many people try to sue for stupid reasons. Stuff like this happens, it doesn't mean this is a bad daycare, get over it.
What is the biting policy at your child's daycare?
Our daughter has had no discipline problems and has been a teacher/cook/director/etc. favorite for the entire 2 years that she has been at her daycare. In the past three days she has gotten to within one bite of being permanently dismissed. The school sent her home last Thurs & Fri for biting (breaking the skin). Because they happened in the same week she was put on probation and is now one incident away from being dismissed. It feels like our daycare is abandoning/failing our daughter (and us) and it all happened in a split second. Our pediatrician checked for possible medical reasons why she is biting (i.e. 2 year molars) and literally almost fell out of her chair when we described the situation. My wife is extremely distraught.
Should Child Daycare's be required to have a security guard at the facility and for field trips.?
Lets wipe away the political correctness for a moment. Women are self preservationist by nature in my opinion. The chances of a woman risking injury to fight off a pedophile trying to snatch a kid on a field trip or entering a daycare to harm a child is slim.