Should I sue my day care provider for my son's broken leg, if so for how much?

You can sue, but I am not sure that the day care was negligent. Kids fall of jungle gyms all the time.

It sounds like you may have a case for negligence, and the fact that you brought your son back after should not diminish your claim. It is difficult to ever determine what recovery will be if you should win, but at the minimum it would be for all actual damages, such as medical bills and lost wages. However, a consultation with an attorney to discuss more specific details will definitely help determine the strength of your case.

You can request payment of the medical bills and lost wages. If your son had not bitten the child, he likely would not have the injury.

To successfully sue the provider, you would have to prove their workers were negligent. I can't tell from the facts whether you can do that. The other glaring option to me would be to go after the jungle gym manufacturer, but you will need the gym to do that. Absent suing the provider, you may want to see if they have a med pay provision on their premises liability policy that will pay for the medical bills only. Otherwise, talk with an accident lawyer who is familiar with products liability cases.

Your sending him back to the same place does not technically have any effect upon a suit as it does not go to the issue of whether they were negligent or not. It seems to me that it would be unreasonable to allow a 17month old child to have access to a jungle gym so there may be negligence on the pat of the day care center. You need to see some plaintiff attorneys to see what they think and how much the case might be worth. Have you asked the day care operator to pay for the medical bills?

If you can find an expert who agrees that the daycare erred in dealing with the problem the way that they did, then you can sue. If your son bit the other kid, I think that you have some issues that need to be addressed.

Legally, the issue will be whether the gap between the jungle gym and the slide constituted a hazard. There are expert witnesses who could analyze that for you, but they are very expensive, and I don't know if the conditions can be proven now that they got rid of the jungle gym. It is possible this apparatus was built with a kit, and it could be that other children have been similarly injured, so there could be a products liability case there, but again, it would be very expensive to bring such a case. The fact that you sent him back there has nothing to do with it. There is another possibility: Find out if there is a medical payments provision of his homeowners insurance policy. The insurance people call this "med-pay". It is not required, but if he has that coverage, they will pay for medical expenses (usually with a very small limit) regardless of fault. As long as the growth plate was not affected, I doubt the matter would be worth pursuing: children's bones are growing anyway, so fractures usually heal quite readily. The doctor is talking about recovery over a period of weeks, not months, far less time than it takes to process a lawsuit.

I think it is negligence to permit a 17month old to play on a Jungle Gym, and it would be negligence to leave him alone for any reason. Looks like you have some kind of case. see a good PI lawyer in your town.

People don't understand that you just don't up and sue someone. You begin with a letter wherein you make a claim, and ask that they forward it to their insurance carrier. Negotiations may begin, and as long as they negotiate in good faith, why would anyone sue? In any event, leaving your child alone, while they took the other child inside is negligence. However, whether or not it made any difference would be disputed. There also may be as part of their insurance coverage a provision that your medical bills be paid, regardless of fault. Hopefully, your child did not suffer any injury in the growth plate.

Sending him back there shouldn't have an effect on your ability to make a claim against the daycare, but the daycare may use it as a defense to try to discredit your claim in some way. It is questionable whether that will be a meritorious defense. I definitely think you should talk to a personal injury attorney to find out the daycare's insurance carrier (hopefully it has insurance) and proceed with making a claim to the insurance carrier.