QUESTION
Should I sue daycare for my son's broken femur?
Asked on Dec 13th, 2016 on Personal Injury - California
More details to this question:
I got a call from the daycare saying that my 5 years old son got hurt caused by a collision with another kid. My husband's work was 5 minutes away from the daycare so I immediately called him to go and check what was going on. He got there and my son's left thigh was 3 times larger than normal, in shock and could not walk. The school called 911 shortly after my husband arrived. He was transported to the hospital and there, they found that he has a fractured left femur. We stayed in the hospital for 3 days and have been home for about a week now with a full hip cast that he would be on for 4-6 weeks. My very cheerful, active, happy little boy is now in bed all day, sad, miserable and in pain. It's been tough for him specially this Christmas season. My husband and I take turns in caregiving which means both of us losing a great amount of hours from work. Till this day, the preschool have yet to give me a straight answer or story on what had happen because apparently no one saw how it happen and just goes by the story "he was sliding on his knees and another kid collided with him". Is this something I could sue the school for?
1 ANSWER
You can successfully sue if the school was negligent [in some states, such as California, under a certain age the plaintiff child can not be found comparatively negligent, but you still have to show the defendant was negligent]. You need to get the facts as to what happened, but that will be difficult. The parents of the child who ran into him will not want you to speak to their child as he might admit negligence. The parents of other children not involved may allow they to speak, but how reliable is their testimony at that age. I doubt your home owners insurance covers incidents off your property. Unless you can find out how it happened, you can not win.
Answered on Feb 08th, 2017 at 6:52 AM