Son hurt at day care

[mommygirl]

My son broke his leg at day care. There were conflicting stories about what happened but it seems he was pushed by another child. Apparently there were previous problems with this child acting out. We consulted a lawyer and were told in order to bring a case against the day care the child's parents needed to be considered defendants since it was there child who may have caused to accident. I never felt comfortable about having to do this, as I felt it was the sole responsibility of the day care to make sure my child was safe and unharmed, therefore I never proceeded with a lawsuit. Is it really necessary for the child's parents to be named as defendants? Should they be held liable for something their child did while being cared for by someone else. Are there any other alternatives?

 

[irish223]

My son broke his leg at day care. There were conflicting stories about what happened but it seems he was pushed by another child. Apparently there were previous problems with this child acting out. We consulted a lawyer and were told in order to bring a case against the day care the child's parents needed to be considered defendants since it was there child who may have caused to accident. I never felt comfortable about having to do this, as I felt it was the sole responsibility of the day care to make sure my child was safe and unharmed, therefore I never proceeded with a lawsuit. Is it really necessary for the child's parents to be named as defendants? Should they be held liable for something their child did while being cared for by someone else. Are there any other alternatives?

I'm a little confused. It seems that you don't really have a firm accounting of the events that led to your son's broken leg.

How old are the children? What are you seeking from the lawsuit?

 

[mommygirl]

I was told by one employee that he was pushed, another said he was running and fell. They were 2 at the time and my son said he was pushed as did another child in the class.

 

[FlaRiptide]

What are you seeking? If you don't have your own health insurance for your son, then certainly the Day Care Center's insurance would pay. Or perhaps the parent's insurance of the other child.

If you are seeking anything else such as pain & suffering, etc., you have not established that yet.

 

[mommygirl]

Yes, pain and suffering. He was in a cast from his chest to his toes for 5 weeks, not to mention my lost wages for having to stay home and care for him.

 

[Duranie]

You need to prove negligence to prevail against anyone. Since your child was hurt at the daycare why don't you file a claim against their insurance? I have no idea how you will get anything out of the childs parents. A 2 yr old is hardly capable of breaking another childs leg and since the story is iffy on what even happened, you are going to have a hard time proving any responsibility on the childs parents. I would see another attorney. I assume the daycare has insurance and if it is out of someones home, their homeowners insurance may cover it.