QUESTION
Can I sue for a child injury at a licensed child care center?
Asked on Aug 10th, 2014 on Personal Injury - Wisconsin
More details to this question:
My daughter placed a rock in her ear at daycare. She is three. I am wondering if the child care center's liability insurance should cover this or if it is considered an unforeseeable incident? I understand it's impossible to monitor a child's every move but feel someone should have caught/ noticed this, especially since it could have been worse (if she had swallowed it/ choked) - does this situation sounds like it'd qualify for negligence? At minimum should the medical bills be covered since it happened there or is that only if they are at fault? I am in Wisconsin.
1 ANSWER
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While I have not seen the insurance policy language I would be very surprised if they did not have Medical Payment coverage for all injury producing incidents which occur on their premises. If they don't, you should move your child to a facility that does. As for a possible negligence claim, your comment is, in my opinion, right on the money. It is impossible to watch every child every moment and prevent an incident such as the one described. Best of luck.
Answered on Aug 13th, 2014 at 10:09 AM