If a child is injured at daycare and I feel it is due to negligence, would I have a case?

UPDATED: Sep 30, 2022

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If a child is injured at daycare and I feel it is due to negligence, would I have a case?

I received a call at my job around 10;30 am. I was told my son was outside of his KinderCare playing and he reached for a toy, inside of a toy and it resulted in his entire nail being ripped off. They had a hard time explaining to me what happened over the phone. I asked my husband to go and check on our son and to bring him home if it looked that bad. However, when my husband arrived, he said they didn’t have the incident report ready and they did not show him the

Asked on May 12, 2017 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Based on what you write--prior injuries from this object--the daycare may be liable: a good argument can be made that it is negligent, or unreasonably careless, to retain an object which has hurt other children.
But even if they are liable, it's not likely worth suing. The amount of compensation you could get for a nail being ripped off is likely less than the cost of a lawsuit, since for a suit involving physical injuries, you have to hire a medical expert (that is, a doctor) to testify, which can cost several hundred or more dollars--but the amount of compensation you can get is proportionate to the injury, and a lost nail would not generally be "worth" must money.

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