My son was injured at his daycare and i would like to sue

UPDATED: Sep 30, 2022

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My son was injured at his daycare and i would like to sue

My son was in his classroom with a few children and he was running with another child. There was one teacher present and she was assisting another child that got hurt. My son was pushed and hes teeth fall on top of the cubby area which is made of wood. I rushed him to dentist and they told that both front teeth were broken from the inside of his gums. Which I had to go to a specialist to remove his two front teeth. I feel it was lack of supervision from the teachers part. My boy was 3 at the time.I am a single mother i just hope you can help me.

Asked on September 19, 2016 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can sue if you believe (and believe you can prove) that the injury was due to a lack of supervision, but be aware that since these are evidently his baby teeth (you write that new teeth will come out when he is 6 or 7) and thus not a permanent injury, this may not be  a good case: the amount you can recover is related to the out-of-pocket (not paid by health insurance or medicaid) medical costs you incur plus the extent of permanent disability or disfigurement. If the teeth will be replaced naturally in a few years, there is no permanent harm; and therefore your main recovery could be for medical costs, but if you have good insurance or medicaid, they will not be large, either. 
Meanwhile to sue, even if you tried to act as your own attorney ("pro se")--which is NOT recommended in a personal injury case--you'd still need to hire and pay for two kinds of experts: a dental expert (i.e. a dentist or orthodontist) to testify about the injury; and some daycare/nursury school expert to testify about proper teacher-to-student ratios, how the children should be supervised, etc. Hiring two experts can be expensive, and winning a lawsuit is never guaranteed; you could spend alot of time and money on a lawsuit which you may lose, or win but get back less than you spent.

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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