Daycare Negligence??

[luckyzgg]

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

My daughter came home on Friday and told me that the school had lost her water bottle (which is mandatory) for over 2 months and that they have been making her drink from the tap. The same tap that kids use after using the bathroom. I have been with my daughter on many occasions at school when she has used the bathroom and there was no soap available.

My daughter became ill on Sunday and was diagnosed with H1N1, is the school liable? Can I sue for negligence?What is the name of your state (only U.S. law)?

[ecmst12]

Drinking tap water does not cause the flu. And if another child with the flu was sent to the daycare unknowingly, that is not anyone's fault.

Give her a bottle of hand sanitizer and have her use that if there is no soap available.

Kids get sick, especially when they spend time around other kids. They also get better.

[luckyzgg]

I am not saying she got ill from tap water, if they have no soap for the children to wash their hands and the children are all touching the tap and my daughter is drinking from an infested tap THAT is negligence on their part.

[Hoe1979]

If you can prove that your daughter got H1N1 from drinking from the tap from the school knowingly exposing kids you may have a case for the expense of the doctor’s bills. The big factor is how are you going to prove it? She could have picked it up at the local store, you just really don’t know; therefore, you have no one to sue. Spend your time and energy getting your daughter healthy.

[Zigner]

Oh good Lord! You should have SEEN where we got our water as kids roaming the neighborhood. On second thought - no, you wouldn't want to...

[Antigone*of*Greece]

I really think the OP should sue. I think she should ask for 1.2 million. You know, the standard HG and Judge Judy amount is just perfect in this situation

[Country Living]

Originally Posted by luckyzgg

I am not saying she got ill from tap water, if they have no soap for the children to wash their hands and the children are all touching the tap and my daughter is drinking from an infested tap THAT is negligence on their part.

Little kids touch/eat/put things in their mouths/don't wash their hands after going potty/eat runny snot/rub their eyes/put their hands on their face/and a zillion other things. That is how they build up immunity.

When I was growing up, any family who had a child with chickenpox/measles/mumps/anything contagious could expect every child within 20 miles to be dropped off at their house to "catch it".

Change daycares if you're so unhappy.

[You Are Guilty]

Originally Posted by Wirelessany1

I really think the OP should sue. I think she should ask for 1.2 million. You know, the standard HG and Judge Judy amount is just perfect in this situation

$1.2M is so 2008. The new number is $40M:
http://www.foxnews.com/story/0,2933,539065,00.html

[Country Living]

I hate this.... I really hate this.... People get sick. People get well. People die. Sometimes things just happen. Yes, the H1N1 is scary and it's making some people downright neurotic. People seem to forget the regular flu kills thousands of people annually. I wonder how many of the people who died got annual flu shots?

I get a flu shot every year. I got the pneumonia vaccine. I got the shingles vaccine. I get an annual physical. I wash my hands a lot. I do my best to stay away from sick people. One of these days I'm going to get sick. Sick happens.

There needs to be a billboard in every town/city/metropolitan area that states "You have been exposed to something. See your doctor if you have any symptoms".

[Antigone*of*Greece]

Originally Posted by Country Living

I hate this.... I really hate this.... People get sick. People get well. People die. Sometimes things just happen. Yes, the H1N1 is scary and it's making some people downright neurotic. People seem to forget the regular flu kills thousands of people annually. I wonder how many of the people who died got annual flu shots?

I get a flu shot every year. I got the pneumonia vaccine. I got the shingles vaccine. I get an annual physical. I wash my hands a lot. I do my best to stay away from sick people. One of these days I'm going to get sick. Sick happens.

There needs to be a billboard in every town/city/metropolitan area that states "You have been exposed to something. See your doctor if you have any symptoms".

Aww come on Country... are you telling me that the OP isn't going to win the $40mm law-suit lotto

Don't you think the OP could use the revnue(sic)

[IsabellaSoriano]

Originally Posted by Country Living

When I was growing up, any family who had a child with chickenpox/measles/mumps/anything contagious could expect every child within 20 miles to be dropped off at their house to "catch it".

just what i need while taking care of one sick child, 20-30 children showing up on my doorstep so they can have my child slobber all over them.

[Country Living]

Ah, Wire.... you made me laugh....!

Isabella - that was then. This is now. There seems to be a shot for everything and parents seem to be more concerned these days about every little sniffle.

HOWEVER - if your kiddos get something really good, post back. I'm sure we can arrange something! You can make work - $5 per slobber. And if the little visitor catches what yours has... $20 easy. OTOH - if you have a sick one and a visitor who is concerned about catching it - $10 per face mask, $1 per hand wipey, and $20 if you don't bring sick kiddo to their house.

[IsabellaSoriano]

Originally Posted by Country Living

Ah, Wire.... you made me laugh....!

Isabella - that was then. This is now. There seems to be a shot for everything and parents seem to be more concerned these days about every little sniffle.

HOWEVER - if your kiddos get something really good, post back. I'm sure we can arrange something! You can make work - $5 per slobber. And if the little visitor catches what yours has... $20 easy. OTOH - if you have a sick one and a visitor who is concerned about catching it - $10 per face mask, $1 per hand wipey, and $20 if you don't bring sick kiddo to their house.

sounds like a nice gig!! i have four....pass it around often enough, i could have money rolling in to never have to work again!!!

[RRevak]

Originally Posted by Country Living

I hate this.... I really hate this.... People get sick. People get well. People die. Sometimes things just happen. Yes, the H1N1 is scary and it's making some people downright neurotic. People seem to forget the regular flu kills thousands of people annually. I wonder how many of the people who died got annual flu shots?

I get a flu shot every year. I got the pneumonia vaccine. I got the shingles vaccine. I get an annual physical. I wash my hands a lot. I do my best to stay away from sick people. One of these days I'm going to get sick. Sick happens.

There needs to be a billboard in every town/city/metropolitan area that states "You have been exposed to something. See your doctor if you have any symptoms".

Unfortunately the flu vaccine doesnt protect against the H1N1 type A strain. Its highly resistant and particularly nasty. If this is indeed what OP's child had I can understand her concern. I had the "swine flu" about a month ago and that was even WITH a flu shot (my lil'bit has asthma so we all get one just to be safe ). When the local health dept spoke to me I inquired about why I had it despite the shot and they informed me that it didnt work for that particular strain. So thats why people are being so neurotic about this one and I personally can understand. For a healthy person such as myself it was hell for about 3 days until the Tamiflu kicked in and in another 2 days I was almost fine. But to someone such as my lil' bit or someone else with compromised health, should she have gotten it it would have meant a possible hospital stay and a whole world of issues.

To OP, i'm sorry your child got sick but I can honestly say that MORE THAN LIKELY there was no negligence on the part of the daycare. It could have come from ANYONE. Someone in a check-out line at the store could have coughed around your child and passed it, same with any other location.

[Country Living]

Well, it gets better. Kiddos come over to catch the cooties. They get the cooties. Parents need someone to watch the little sick ones. You charge $100 per day per child. The best part of it is you pay the teenager down the block half the money to watch and entertain all the kiddos all day.