Can we sue a daycare for an injury that our child received while there?
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Can we sue a daycare for an injury that our child received while there?
My wife and I go to a gym with a child daycare center in it and the other day while we were working out they called us down to come change our child’s diaper. After going back to check the kids out of the daycare, we realized that our 1year old seemed a bit off. When we got him home we thought that he had hurt is bottom because there was a reddish bruise in the area. The next day we awoke to him crying and screaming his head off. When we ran into the room we realized his left shoulder did not look like his right. We took him to the ER and they took X-rays which led to a broken/fractured clavicle bone. Can we sue them if the injury was taken place at their facility or done by an employee at the facility?
Asked on April 22, 2015 under Personal Injury, Nevada
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue the daycare for negligence, but prior to filing a lawsuit it may be possible to settle the case with the daycare's insurance carrier.
When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports. Your son's personal injury claim filed with the daycare's insurance carrier should include these items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the daycare's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the daycare's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the daycare. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled with the daycare's insurance carrier, the lawsuit on behalf of your son against the daycare for negligence, must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
The daycare is liable because your son's injury occurred on the premises. The daycare is liable for the negligence of its employee(s) which occurred during the course and scope of employment.
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