day care injury

What is the name of your state? Florida
My daughter was at day care and seen a boy take a riding toy up the slide and ride down on it. The teacher took the boy to put him in time out but left the riding toy there so my daughter took the same riding toy up the slide and rode down on it and flipped over and broke her arm. Are they responsible for the dr. bill?
The toy was a safe little ride on toy but was not intended to go down a slide. The slide was a safe slide but it was not safe to take a riding toy down the slide.

This is a small chain day care called "The Playstation" and i found the owner of the day cares and he told me most day cares have a medical plan you can purchase through the day care but they do not provide a plan like that and he said they are not responsible for any injuries but he understandes my point and if he can help he will see what he can do. So i asked if that means he'll pay what my insurance doesn't and he just said i'll see what i can do.

[JETX]

"Are they responsible for the dr. bill?"
*** No.

Do you know if this daycare center is insured? They should be, and their insurance will cover the doctor’s / hospital bills for this kind of injury. If they don’t have insurance, you can sue them for damages. The slide and toy were unsafe, and the injury was caused from negligence. Ask them about their insurance and about filing a claim. If they don’t have insurance, talk to a personal injury attorney.


hmmbrdzz

[JETX]

"Do you know if this daycare center is insured? They should be,"
*** In fact, most state day-care licensing regulations require insurance.

"and their insurance will cover the doctor’s / hospital bills for this kind of injury."
*** With all due respect, this is simply your opinion and we simply do not have sufficient FACTS to make that determination.

"If they don’t have insurance, you can sue them for damages."
*** Untrue. You have the right to sue them whether they have insurance or not.

"The slide and toy were unsafe, and the injury was caused from negligence."
*** Again, we simply do NOT have sufficient facts to make that statement. We have not been provided with ANY statements as to the safety of the slide, or the toy. And we certainly don't have enough facts to determine whether there was any negligence.

"Ask them about their insurance and about filing a claim. If they don’t have insurance, talk to a personal injury attorney."
*** You certainly have the right to talk with an attorney about any claim you might have but, based solely on the information provided, I don't see a sufficient case to warrant the claims for what is very likely a simple 'life happens' incident. 'Crap happens in life' and it isn't always justification for litigation.






and their insurance will cover the doctor’s / hospital bills for this kind of injury. If they don’t have insurance, you can sue them for damages. The slide and toy were unsafe, and the injury was caused from negligence. Ask them about their insurance and about filing a claim. If they don’t have insurance, talk to a personal injury attorney.

Oh Jetx! You're just so cool.

"Do you know if this daycare center is insured? They should be,"
*** In fact, most state day-care licensing regulations require insurance.

**A: Who said this was a licensed day care facility? If it's licensed, they should be insured. If it's not licensed, and if it's a small day-care out of someone's home, then they should still be insured for their day care business.

"and their insurance will cover the doctor’s / hospital bills for this kind of injury."
*** With all due respect, this is simply your opinion and we simply do not have sufficient FACTS to make that determination.

**A: With all due respect? Why don't I believe that?


"If they don’t have insurance, you can sue them for damages."
*** Untrue. You have the right to sue them whether they have insurance or not.

**A: Taking things out of context is just so.... so cool of you.

"The slide and toy were unsafe, and the injury was caused from negligence."
*** Again, we simply do NOT have sufficient facts to make that statement. We have not been provided with ANY statements as to the safety of the slide, or the toy. And we certainly don't have enough facts to determine whether there was any negligence.

**A: Again? We simply DO have enough facts to "assume" that the broken arm should not have occurred at a daycare facility and that it occurred because the child was left alone and lugged a toy up to the top of a slide and slid down. By the way, how did you make your "determination" of "no"?


"Ask them about their insurance and about filing a claim. If they don’t have insurance, talk to a personal injury attorney."
*** You certainly have the right to talk with an attorney about any claim you might have but, based solely on the information provided, I don't see a sufficient case to warrant the claims for what is very likely a simple 'life happens' incident. 'Crap happens in life' and it isn't always justification for litigation.

**A: Why didn't you just say that in the beginning instead of saying "no"?



and their insurance will cover the doctor’s / hospital bills for this kind of injury. If they don’t have insurance, you can sue them for damages. The slide and toy were unsafe, and the injury was caused from negligence. Ask them about their insurance and about filing a claim. If they don’t have insurance, talk to a personal injury attorney.

**A: What's this sitting here in the middle of nowhere at the bottom of the page? An accident or something?


hmmbrdzz

[JETX]

"Oh Jetx! You're just so cool."
*** Thank you.

---------------------------------------
"Do you know if this daycare center is insured? They should be,"
*** In fact, most state day-care licensing regulations require insurance.

**A: Who said this was a licensed day care facility? If it's licensed, they should be insured. If it's not licensed, and if it's a small day-care out of someone's home, then they should still be insured for their day care business.

My response:
You made a statement of fact, clearly without any evidence. I corrected you. You are now attempting to 'spin' it by raising an issue of licensing or not... which should have been raised in your initial post.... not later.

-----------------------------------
"and their insurance will cover the doctor’s / hospital bills for this kind of injury."
*** With all due respect, this is simply your opinion and we simply do not have sufficient FACTS to make that determination.

**A: With all due respect? Why don't I believe that?

My response:
Okay, my attempt at civility towards you may not have been warranted. I could have said, "You ignorant slut!! You have no idea what you are talking about..... in making statements as to what someones insurance WILL cover or not. Feel better??

-----------------------------------

"If they don’t have insurance, you can sue them for damages."
*** Untrue. You have the right to sue them whether they have insurance or not.

**A: Taking things out of context is just so.... so cool of you.

My Response: No out of context at all. You simply made another of many mistakes of unsupported fact.

-------------------------------------

"The slide and toy were unsafe, and the injury was caused from negligence."
*** Again, we simply do NOT have sufficient facts to make that statement. We have not been provided with ANY statements as to the safety of the slide, or the toy. And we certainly don't have enough facts to determine whether there was any negligence.

**A: Again? We simply DO have enough facts to "assume" that the broken arm should not have occurred at a daycare facility and that it occurred because the child was left alone and lugged a toy up to the top of a slide and slid down. By the way, how did you make your "determination" of "no"?

My response:
How can you make a STATEMENT of fact that a slide is unsafe when you have never seen it?? How can you make a statement of fact that a toy is unsafe when you have never seen it?? And how can you make a statement of fact as to negligence..... when you have not heard all the facts??? Simply, your post was made on supposition..... and not supported by any FACTS. In law, the FACTS are somewhat important.

---------------------------------------

"Ask them about their insurance and about filing a claim. If they don’t have insurance, talk to a personal injury attorney."
*** You certainly have the right to talk with an attorney about any claim you might have but, based solely on the information provided, I don't see a sufficient case to warrant the claims for what is very likely a simple 'life happens' incident. 'Crap happens in life' and it isn't always justification for litigation.

**A: Why didn't you just say that in the beginning instead of saying "no"?

My Response: Because at the time of the initial post, there simply were not enough FACTS (you remember them, don't you??) to support an answer as you provided. In FACT, I still doubt that there is sufficent support for a legal action.... but, as I noted, the writer can certainly take the time and money of talking with a local attorney.

----------------------------------

**A: What's this sitting here in the middle of nowhere at the bottom of the page? An accident or something?

MY response: Yep, simple an error on my part (see, I can admit it when I make them). I left a part of the original message on the bottom of the window when I cut-n-pasted the text. Me Bad.

Originally posted by JETX
"Oh Jetx! You're just so cool."
*** Thank you.

---------------------------------------
"Do you know if this daycare center is insured? They should be,"
*** In fact, most state day-care licensing regulations require insurance.

**A: Who said this was a licensed day care facility? If it's licensed, they should be insured. If it's not licensed, and if it's a small day-care out of someone's home, then they should still be insured for their day care business.

My response:
You made a statement of fact, clearly without any evidence. I corrected you. You are now attempting to 'spin' it by raising an issue of licensing or not... which should have been raised in your initial post.... not later.

-----------------------------------
"and their insurance will cover the doctor’s / hospital bills for this kind of injury."
*** With all due respect, this is simply your opinion and we simply do not have sufficient FACTS to make that determination.

**A: With all due respect? Why don't I believe that?

My response:
Okay, my attempt at civility towards you may not have been warranted. I could have said, "You ignorant slut!! You have no idea what you are talking about..... in making statements as to what someones insurance WILL cover or not. Feel better??

-----------------------------------

"If they don’t have insurance, you can sue them for damages."
*** Untrue. You have the right to sue them whether they have insurance or not.

**A: Taking things out of context is just so.... so cool of you.

My Response: No out of context at all. You simply made another of many mistakes of unsupported fact.

-------------------------------------

"The slide and toy were unsafe, and the injury was caused from negligence."
*** Again, we simply do NOT have sufficient facts to make that statement. We have not been provided with ANY statements as to the safety of the slide, or the toy. And we certainly don't have enough facts to determine whether there was any negligence.

**A: Again? We simply DO have enough facts to "assume" that the broken arm should not have occurred at a daycare facility and that it occurred because the child was left alone and lugged a toy up to the top of a slide and slid down. By the way, how did you make your "determination" of "no"?

My response:
How can you make a STATEMENT of fact that a slide is unsafe when you have never seen it?? How can you make a statement of fact that a toy is unsafe when you have never seen it?? And how can you make a statement of fact as to negligence..... when you have not heard all the facts??? Simply, your post was made on supposition..... and not supported by any FACTS. In law, the FACTS are somewhat important.

---------------------------------------

"Ask them about their insurance and about filing a claim. If they don’t have insurance, talk to a personal injury attorney."
*** You certainly have the right to talk with an attorney about any claim you might have but, based solely on the information provided, I don't see a sufficient case to warrant the claims for what is very likely a simple 'life happens' incident. 'Crap happens in life' and it isn't always justification for litigation.

**A: Why didn't you just say that in the beginning instead of saying "no"?

My Response: Because at the time of the initial post, there simply were not enough FACTS (you remember them, don't you??) to support an answer as you provided. In FACT, I still doubt that there is sufficent support for a legal action.... but, as I noted, the writer can certainly take the time and money of talking with a local attorney.

----------------------------------

**A: What's this sitting here in the middle of nowhere at the bottom of the page? An accident or something?

MY response: Yep, simple an error on my part (see, I can admit it when I make them). I left a part of the original message on the bottom of the window when I cut-n-pasted the text. Me Bad.

=================================

LMAO! You're feeling your oats today, Jetx. Do you think I didn't recognize your one word answer "no" as a "come on, I dare you to respond" answer? Do you think you've banged your misdirected anger out on the keys long enough now? I mean for Christ sakes -- I can see the steam coming out your ears. And what's even funnier? You said "Simply, your post was made on supposition..... and not supported by any FACTS. In law, the FACTS are somewhat important." Did I just imagine the one word "no" answer you gave? And you say you could've called me an ignorant slut?! Oooooo. You'z one bad hoe. I guess I better be skeert.




hmmbrdzz

[JETX]

Damn, you are feeling YOUR oats aren't you??

You came on this forum not too long ago as a 'wet-behind-the-ears newbie', full of questions with no answers. In fact, your first post, back in November was: "Is this where I post my question?"

Your second post was even more thrilling: "I am new to this site -- just visited and posted tonight. After reading some replies to the lady's problem of "sexual abuse", I'm sitting here appalled at some of what I'm reading. I'm a registered nurse, and if you're an attorney responding to this woman or someone else in a professional capacity, then shame on you for responding so....so.....so.... mean!"

And then, slowly at first, you started getting a little braver and ventured out into the full forum. Your experience (??) as a nurse was obvious. You gave good solid responses to some of the questions asked. Then, you seemed to get a little too full of yourself, and have now ventured out like a full mare..... huffing and puffing and ready to take on all challengers.

Problem is.... you are still a 'wet-behind-the-ears newbie' when it comes to the law. That is obvious by your statements of fact responses when there is no evidence to support them. It is one thing to say "THIS is the way it is".... and something entirely different to say "This is the way that it might be if.....".

So, let me revisit (and revise) my original 'no' answer to the original writer. Go ahead and get your bills together. Since it will only be a few hundred $$ (and covered by YOUR insurance if you have it), you will quickly see that it won't be worth a lawsuit. You can certainly file a small claims action (as anyone can) and it might even succeed. No one can ever guess which way the small claims courts will rule.

And back to hummer...... keep up with your good solid posts on the medical and drug world.... things you seem to know a lot about.

Have a hap-hap-happy day!!

Originally posted by JETX
Damn, you are feeling YOUR oats aren't you??

You came on this forum not too long ago as a 'wet-behind-the-ears newbie', full of questions with no answers. In fact, your first post, back in November was: "Is this where I post my question?"

Your second post was even more thrilling: "I am new to this site -- just visited and posted tonight. After reading some replies to the lady's problem of "sexual abuse", I'm sitting here appalled at some of what I'm reading. I'm a registered nurse, and if you're an attorney responding to this woman or someone else in a professional capacity, then shame on you for responding so....so.....so.... mean!"

And then, slowly at first, you started getting a little braver and ventured out into the full forum. Your experience (??) as a nurse was obvious. You gave good solid responses to some of the questions asked. Then, you seemed to get a little too full of yourself, and have now ventured out like a full mare..... huffing and puffing and ready to take on all challengers.

Problem is.... you are still a 'wet-behind-the-ears newbie' when it comes to the law. That is obvious by your statements of fact responses when there is no evidence to support them. It is one thing to say "THIS is the way it is".... and something entirely different to say "This is the way that it might be if.....".

So, let me revisit (and revise) my original 'no' answer to the original writer. Go ahead and get your bills together. Since it will only be a few hundred $$ (and covered by YOUR insurance if you have it), you will quickly see that it won't be worth a lawsuit. You can certainly file a small claims action (as anyone can) and it might even succeed. No one can ever guess which way the small claims courts will rule.

And back to hummer...... keep up with your good solid posts on the medical and drug world.... things you seem to know a lot about.

Have a hap-hap-happy day!!

What is this? A stroll down memory lane and a probationary evaluation from you? A full mare huffing and a puffing? Well, while you're so dutifully admonishing me on this thread and THE LAW, look down in your hap hap happy lap for that beef and get a grip? Me bad, too.


hmmbrdzz

[JETX]

Hi tina: I didn't realize until now that you had edited your original poster. In your original post, you had supplied enough information regarding the incident (playground equipment and possible lack of supervision) to be advised that you should speak with an attorney. Although you can find out if the daycare center is licensed on your own, an attorney would certainly find out whether or not it is, and it won't cost you a dime for an initial consult.

This excerpt quote below was interesting to me. It’s taken from an article that can be found at this URL [url]http://www.tompaine.com/feature.cfm/ID/4286[/url]

“Florida State Representative Mark Flanagan
As a member of the House Civil Justice and Claims Committee, Mark Flanagan was a major force behind severe tort restrictions that were enacted in Florida in 1999, sponsoring and co-sponsoring bills that protect manufacturers of defective products, while calling Florida "the most litigious society in the world." But it was a different story when his own daughter fell from a daycare center's jungle gym and broke her leg in 1995. Flanagan sued both the day care center and the manufacturer of the jungle gym, alleging that the manufacturer "negligently and carelessly designed" the apparatus and that the preschool failed to properly supervise his daughter. Like many injured victims whose rights Flanagan's legislation decimates, the lawsuit alleged that his daughter suffered from "severe pain" and "lost the capacity to enjoy life." After 18 months of litigation -- and two months before his bid for re-election -- Flanagan settled for an undisclosed amount.”

This is also an interesting article on daycare centers in Florida.
[url]http://cityguide.news-press.com/fe/Childcare/inspections.shtml[/url]

Good luck to you.


hmmbrdzz

[HomeGuru]

And I quote "thanks for the memories"

Damn, I'm confused**************

And I quote "thank God for beef". It's good stuff.

hmmbrdzz

What's all this quibbling? This is a simple premises liability case. Go sue the bums.