Do i have a case?

UPDATED: Sep 30, 2022

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Do i have a case?

While my son was at his schooling/day care yesterday, he tripped and fall and hit his mouth on one of his class table which hot his lip badly. He’s teacher at the daycare said he was playing by himself and hot himself while in the classroom. I will like to know if I have a case with this situation or not because I feel like the daycare is responsible because he was under their care. But, am not too sure about this.

Asked on March 28, 2017 under Personal Injury, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are not liable for his injury unless they were negligent, or unreasonably careless, in some way--simply having him under their care does not, by itself, make them liable. Essentially, you'd have to show that they were not supervising him properly when he fell to hold them liable. 
Even if they were liable, you can only recover compensation for your out-of-pocket (not paid by insurance or medicaid) medical costs and, if he has signifiant scarring, disfigurement, or life impairment lasting months or more, some amount for pain and suffering. Unless this was a very severe injury, essentially requiring plastic, reconstructive, etc. surgery, you would spend more on the lawsuit than you'd get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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