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Day Care - negligent behavior - contract breaching

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anujpshah

Junior Member
What is the name of your state (only U.S. law)?
GA

Today when my wife went to pick up our son (17 months old) from the day care she was shocked to see that he was standing outside by himself in the sun in 95 degrees heat while other kids were playing in the water. The teacher was there but was attending the kids in the water. We had forgotten to supply his swim wear today on their swim day, and so he was not taken in water. However, we do think it is really harsh and irresponsible to have the kid stand in sun in such heat and that they should have at least had him in shade if not inside.

The teachers in the day care knew that our son had not eaten anything that day for whatever reason. In such a condition being outside in such heat for half an hour can easily cause him a heat stroke and possibly also severe sunburns.

We want to pull him out of that day care but do not want to end up paying for a month of notice period as noted in our contract because it is their negligent and irresponsible behavior that is causing us to pull him out.

Can somebody advice whether we have legally defensible argument?

ThanksWhat is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
I think you want to find a way to avoid paying for a month worth of day care, as you are contractually obligated to. Your child suffered no ill-effects from the short amount of time he was outside, but you're hoping it's enough to let you weasel out of the contract.

Next time, send the swimwear.
 

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