What is my recourse if my 3 year old son was injured at his daycare while playing on playground equipment that was missing a bolt?

UPDATED: Sep 13, 2011

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What is my recourse if my 3 year old son was injured at his daycare while playing on playground equipment that was missing a bolt?

Asked on September 13, 2011 under Personal Injury, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may be able to sue the daycare if the daycare was negligent--or unreasonably careless--in how they inspected, maintained, installed, etc. the equipment. You might also have a cause of action against any outside or third party contractors or repair services or personennel, who did the work.

Of course, lawsuits cost money, so if your child was hopefully only slightly injured, and you hopefully only incurred minimal medical costs, it's not worth suing--you can only recover an amount commensurate with the extent of losses or damages.

Note that if the daycare is not private but is instead city provided, there are strict limitations and strict rules about how long you have to sue and how to provide notice of the claim; if you are thinking of suing a municipal (or state) entity, contact a lawyer immediately, before time passes.

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 AttorneyPages.com 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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