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  #1  
Old 12-22-2008, 10:12 AM
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My daycare is being sued.

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

Hello. I am going to state what happened and I would appreciate any input/advice. I want to thank all of you who give advice on this site....it is a great thing.

I run a home daycare and a child (5 yrs old) was recently injured while falling off of our trampoline. The trampoline is fenced off and I usually do not allow daycare children on it. When the child and his mother came to see the house/daycare the child was very excited about the trampoline. The mother gave a verbal allowance for the child to jump on it with proper supervision. The child was at my daycare for two months when the event happened. He was getting off of the trampoline with my 7 year old son and he fell onto his side. He cried a little and I brought him in the house. He had no bruising and was back to playing within minutes. When his mother picked him up I notified her of the fall. 2 days went by and the child was not brought to daycare and I could not get ahold of the parents. When I finally got a hold of them they said he had to go to the hospital and had a bruised kidney (possibly more)- i am not sure yet.

I recieved a letter from an attorney notifying me that I was being sued for the fall. I contacted my insurance immediately and they are not covering the fall because I never told them I had a trampoline.

I am trying to figure out what to do know because I no insurance coverage for the situation and I have very little money- three children of my own.

What is the worst that can happen to me? Can they take my house? What little money I have? If i do have to payout- how much could it be? Is it something I will have to do over a long period of time? I am worried and any advice would be greatly appreciated.

Thanks in advance- Jane
  #2  
Old 12-22-2008, 10:23 AM
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Location: Massachusetts
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Jane...You need a lawyer. There is nothing the people of this site can advise you on. You really need to hire an attorney.
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"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
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"Wellll....I learned that Naked Mole Rats are WICKED naked!"

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  #3  
Old 12-22-2008, 10:34 AM
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I was going to try to get some info before paying a lawyer. If i told the suing party that I have no money maybe they would drop it? I will call around and get some lawyer quotes- i will need someone whom i can make payments to. Thanks- Jane
  #4  
Old 12-22-2008, 10:52 AM
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Quote:
Originally Posted by daycare mother View Post
I was going to try to get some info before paying a lawyer. If i told the suing party that I have no money maybe they would drop it? I will call around and get some lawyer quotes- i will need someone whom i can make payments to. Thanks- Jane
You have money. You have assets. You have your home. That could be liened. As could any and all bank accounts. Why are you running a business without having insurance for anything that happens during the course of the business?
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  #5  
Old 12-22-2008, 11:04 AM
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i have insurance for everything but the trampoline- lesson learned i guess.

I don't have much money at all- can they take it all? What if i file bankruptcy? will that matter?
  #6  
Old 12-22-2008, 11:09 AM
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Quote:
Originally Posted by daycare mother View Post
i have insurance for everything but the trampoline- lesson learned i guess.

I don't have much money at all- can they take it all? What if i file bankruptcy? will that matter?
You are unbelievable. A child is seriously hurt at your daycare, due to your negligence, and you think you can get out of it my filing bankruptcy???
__________________
~A 8 a.m. bus-stop conversation~

"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"

~~~~~~~
  #7  
Old 12-22-2008, 11:12 AM
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Which is why I NEVER liked in home daycares....

That, and this person obviously sees no concern for the child (past when the fees are due). I personally hope that mom calls the licensing board and you find yourself no longer licensed.
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Originally Posted by sandyclaus View Post
CourtClerk is right.
  #8  
Old 12-22-2008, 11:20 AM
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"You are unbelievable. A child is seriously hurt at your daycare, due to your negligence, and you think you can get out of it my filing bankruptcy???"

Wow...you sure do pass judgment quickly don't you. So let me get this straight- you all of a sudden know everything about me huh? First of all there was no negligence...i was outside and watching the children. Secondly, I care very much for the child. I have been doing daycare for 4 years and this is the first situation I have ever encountered. None of this changes the facts!

One- my insurance will not cover this situation.
Two- I have no money.
Three- I have my three children to worry about.
Four- I can feel bad all I want- but it won't change the situation I am in.

Thanks for wasting my time and pissing me off- Jane
  #9  
Old 12-22-2008, 11:23 AM
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"Which is why I NEVER liked in home daycares....

That, and this person obviously sees no concern for the child (past when the fees are due). I personally hope that mom calls the licensing board and you find yourself no longer licensed."

lol...so you know everything about me as well huh? You obviously do not have children- I worked for a Daycare before I decided to open my own. Do you want to know why i left the business I worked for? because of the horrible things I saw other providers doing and how horrible the environment was for the children. I run an christian based home daycare and I love and care for these children like they were my own. But you know me right? I come on here looking for some advice and all you can do is pass judgement. Thank you as well for pissing me off and wasting my time.
  #10  
Old 12-22-2008, 11:28 AM
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Quote:
Originally Posted by baystategirl View Post
You are unbelievable. A child is seriously hurt at your daycare, due to your negligence, and you think you can get out of it my filing bankruptcy???
and for your information- my husband recently lost his job and my home has lost almost all of its value. On top of that I care for my elderly mother which has caused much financial burden on my family- so if i am sued and I owe money- i pretty much wont have a choice.

So let me ask you something- does anyone on here actually offer constructive advice/input? or do you all simply sit on here...read peoples problems...and belittle them?
  #11  
Old 12-22-2008, 11:30 AM
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Hire an attorney, you can't NOT afford it.
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  #12  
Old 12-22-2008, 11:50 AM
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Quote:
Originally Posted by daycare mother View Post
" You obviously do not have children-
I obviously do...
Quote:
Thank you as well for pissing me off and wasting my time.
You're very welcome, however, you were told in post #2 to go get an attorney. Had you left it at that and not with the rest of your silly comments that show more concern for you than this child, you wouldn't be pissed off.
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Someone else sees it too:
Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.
  #13  
Old 12-22-2008, 11:56 AM
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Quote:
Originally Posted by daycare mother View Post
First of all there was no negligence...i was outside and watching the children.
You WERE negligent...in allowing the child to play on the trampoline to begin with - and in not properly supervising the children who were playing on the trampoline.
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  #14  
Old 12-22-2008, 02:50 PM
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Sorry, but there's no magic bullet. The things you can do are things you should have already done, and now it's too late.

You have no business running an in-home daycare if you're not aware of and prepared to handle any potential liability. But you did it anyway.

If you had any awareness of the potential liability you would never have let the five year old on your trampoline. But you did it anyway.

If you had any awareness of the potential liability and were going to let the children play on your trampoline, you would have made sure your insurance was up-to-date. But you didn't do that.

Everything you could have done wrong you did do wrong, and now you ask "What can I do?" Well, you can hope that your failure to protect yourself from liability doesn't bankrupt you.

Quote:
First of all there was no negligence...i was outside and watching the children.
Yep, you were watching them. And you stood right there and watched the child get hurt. Proper supervision would require you to get on the trampoline with a child that young and hold his hand while helping him bounce. You, not a seven year old, help him on. You, not a seven year old, hold his hand and you, not a seven year old, help him off. You were negligent. It may not be what you want to hear, but it's the truth.
  #15  
Old 12-22-2008, 03:23 PM
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Location: Philadelphia, PA
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The only constructive advice that can be offered is to hire a lawyer. Everything else involves changing the past. You can correct your insurance problem going forward, but it won't cover this situation. All you can do is get a proper defense and try to save your business and the few assets you DO have.

A judgement is good for a LOOOONG time. Your house won't have no value forever, and your husband won't be unemployed forever.
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