Child bitten in daycare

[Kbull]

My 18 month old son has been bitten 15 times over the past 10mo at daycare by the same child. This child has bitten an estimated 50+ times and the daycare will not take any action. I have had to miss work to take my child to the doctor and once had to put him on antibiotics due to the seriousness of the bite. Other parents are just as frustrated, however, since there is a waiting list at the daycare and the price and location is convenient to our company, we are hesitant to move our child from the facility because of one child. This same child has bitten more than 3 times in the same day and has bitten the daycare workers. We would like to know if any action can be taken other than us removing our child from the facility. I am concerned that pursuing action may also force them to kick us out of the daycare. We have escalated this issue to the Director of the daycare but she does not feel this warrants removal of the other child from the daycare. What liability do they have and should we consider pursuing legal action?
Austin, Texas

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Who cares about day care convenience. This is your child we are talking about. Take your child out and sue the company for negligence and possible wilful misconduct.

 

[Kbull]

Not that easy

I appreciate your input, however, you obviously don't have children. This is one of the best daycares (I've researched dozens) in the area. As any parent with children in daycare can attest, it is very difficult to find a daycare that you are satisfied with. This is the only downfall and I'm sure there are other alternatives besides removing my child. Question: If you paid top dollar for a car with great performance and the visor kept falling down would you exchange the entire car? Or would you try to pursue other options?

As an engineer, we look at all possibilities, not just the most extreme.

 

[lawrat]

I may not have children, but I have family members who run day cares. I can assure you on one thing: the child should come first. Your analogy to the vehicle is irrelevant as well as your reference to engineering.

Everyone, whether engineers, attorneys (who analyze like you do), softball players, cashiers can have children. But I don't think most people would have their children endure more pain for the "legal" issue of getting a better daycare.

If you paid top dollar for private high school for your child to attend and they were beaten up each day, would you keep them there because it was hard to get into that school?

I am not criticizing, but merely making you see a different angle to the deliverable.

 

[Peggi]

I am by no means a legal expert, just a person with children that has a few suggestions. Have you tried requesting that the biting child be kept away from your child? Or, since you stated that several other children are victims, have you considered rallying the other parents together and presenting a united front to the Director? My last suggestion is, I am assuming that this is a licensed day care operation. Maybe you should contact the licensing office and find out what your rights are, i.e. can your child be kicked out of day care because you lodged a complaint? and.. what actions you can take..what constitutes willful negligence? etc.
Whatever action you take, get it in writing, document everything. I am just curious, did the Director inform you as to what warrants removal of a child from day care?
Good luck!