Do I have a claim against a daycare if my son was injured due to its negligence?

UPDATED: Sep 30, 2022

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Do I have a claim against a daycare if my son was injured due to its negligence?

My son was at daycare and was injured. He crawled into another classroom and the

teacher sent 2 other kids in the room to get him. However, they dropped him and he hit his head on the concrete floor in the daycare. I was not notified when it happened. My son cried repeatedly all night, so I decided to take him to the doctor the next day. Upon arriving to the doctor I notice that something white was showing in his jaw; his tooth had broken off in his jaw from the fall at daycare. What can be done?

Asked on April 26, 2017 under Personal Injury, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Based on what you write, you may well have a claim: it would have been negligent, or unreasonably careless, to send children to retrieive such a young child or to let them pick up up and/or carry him. You could sue for the dental/medical costs incurred, such as the cost to remove the damaged tooth and put in an implant; possibly for some small amount for pain and suffering; and for lost wages if you missed work due to this. Note that if you sue for any future (not paid yet) dental costs or for pain and suffering, you will need a dentist to testify and would presumably have to pay him or her, which can clearly cost money. It would worthwhile for you to consult with an attorney to review your potential case.

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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