Do I have a claim against a daycare if my son was injured due to its negligence?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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