Toddler injured in daycare

[traceyl]

What is the name of your state? California

My 2 1/2 yr old daugther was poked in the eye with a plastic spoon during lunch time at her day care (it;s a 'corporate' daycare that's found throughout California). My daughter's cornea was scratched as well as significant bleeding under the surface of the eye. The cornea healed overnight, but the blood will take a few weeks to clear up.

According to the administration, the incident was malicious and the offending child was sent home for the day. Apparently, this child has a history of aggressive behavior.

Now, I know these things happen. But what has me ticked off is the cavalier attitude of the parents. No apology, no attempt to see if my daughter was okay, no offer to cover the medical co-pays. They responded with 'sorry he had a bad day' when they were called to pick him up after the incident.

I'm wondering if I have any precedence to get them to pay for our medical co-pays and the time my husband had to take off work...or even pain and suffering for my daughter.

Any advice is appreciated.
Tracey

[PinHead]

Yes, you have the right to ask for any help in paying your daughter’s medical fee because the offending child’s family is responsible for that damage.

[You Are Guilty]

How old was the "poker"?

[traceyl]

He's the same age as my daughter.... 2-1/2.

[rmet4nzkx]

Have you contacted the daycare's insurance, they were the party with duty for the child's actions at the time. How closely were they supervising this child who was in a bad mood, or was it simply an accident?

[traceyl]

I talked to the director and she said that if the parents weren't willing to pay (it's only $45 for co-pays) that they have insurance to cover it. I didn't want to create a big hassle, but she said just what you said....my daughter got injured in their care and they are responsible. I get the feeling that she thinks we may sue them for negligence or something.

There were the appropriate amount of teachers present per CA student/ratio laws... I think it's 12/1.

The incident was not an accident and come to find out the boy is on a behavior 'plan' due to his aggressive behavior. Due to this incident, he is now being evaluated by a professional.

[jpritchett81]

If the the daycare insurance doesn't cover this incident then you most certainly go after the offender's parents b/c the fact remains their child cause your child's injury.

[racer72]

The only real problem is that a 2½ year old cannot be held liable for his actions and his parents cannot be held liable for the todder's actions. Negliegence would have to be proven and the closest party would be the daycare for not watching the child more closely. File a claim against the daycare, you probably won't get anywhere going after the child's parents.

[Some Random Guy]

The OP seems to be thinking along the lines of the other parents being responsible rather than the daycare center. Therefore it wouldn't necessarily be in their interest to sue the daycare center for the minimal damages.

However, since the other child has a history of bad behavior, perhaps it would be in their child's interest to have the other child removed from the facility, or at least removed from the class that the current child is in.

Perhaps the OP can use the daycare center's concern about liability to press them to remove or expel the opther youngster.