Child injured at day care but they are denying

[swap]

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

My 8 month old son fractured his leg and wrist but the day care people did not inform us. He was in pain the whole night. We found that he had fracture the next day we went to the doctor. The doctor says he could not have done it to himself. They are denying that anything happened there. There is a complaint filed against them. Recently, they sent us a invoice saying that we need to pay them for 2 weeks because we were supposed to provide them 2 weeks notice as per the contract. But, how could we have provided them 2 weeks notice when we did not know this would happen to our child because of their negligence. They have our 400$ deposit which I would like back and not pay them for the 2 weeks they are demanding because of the circumstances. There is a police investigation going on against them.
Is there anything that can be done about this?
Do we still need to abide by the contract even if we have REASONABLE cause to believe the child was injured at day care?
Can we sue for the cost of the doctor bills, and sue for the pain and suffering of the child?

 

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You can sue them, but until the police discover that the injuries were the result of their negligence, winning may not be a slam dunk.

I don't think it's reasonable under the circumstances for them to expect to be paid because you didn't give them two week's notice. Again, I don't think you can expect your $400 back unless the police prove that the injuries were their fault.

Did you get references before you turned your child over to them? Did you check the BBB to see if any complaints had been made before you hired them?