Are we liable?

[JaneyS4]

What is the name of your state? GA

I'm not even sure this should go here, so, if I'm in the wrong place, let me know.

My brother put my niece in daycare. He signed a contract stating that he would either provide the daycare with two weeks notice of her removal, or he would be liable to pay for two weeks care after her removal. The contract also states that they are responsible for my nieces well-being and safety while in their care.

There have been three incidences at the daycare where my niece has been hurt. Nothing severe mind you, but things that we feel should not have happened if she were being tended to properly. This child has some issues, a fact the daycare was informed of, and they assured us they could handle it. In fact, last week, she had a pretty bad tantrum at daycare and was allowed to slam her head through a wall. (she should have been restrained at the first sign of this, but was not) The director actually told us that if there was one more incident he was going to kick her out. Well, that's ok, because my brother feels like the daycare has 1) not held up their end of the bargain in keeping her safe and 2) mislead us to believe they were equipted and trained to deal with "problem" children when they obviously are not.

What I want to know, is, under these circumstances, can my brother be held liable for the two weeks of fees the contract says is due to them if we remove her immediately.

Of course, we will remove her, as she is obviously not in a safe enviorment for her, but since they are to blame for this, do we legal owe them for their shortcommings?

 

[JETX]

"What I want to know, is, under these circumstances, can my brother be held liable for the two weeks of fees the contract says is due to them if we remove her immediately."
** Yes. The reality of this situation is that if he doesn't pay, the day-care provider can take legal action against him. And if they do, he will likely lose. His only option would be to file a counter-action to try to defend his non-payment... and there is simply not enough proof to support his claim.

"Of course, we will remove her, as she is obviously not in a safe enviorment for her, but since they are to blame for this, do we legal owe them for their shortcommings?"
** Yes. See above.

 

[JaneyS4]

Well, actually, we do have some proof that the incidents happened. All three times the daycare wrote up "occurance" reports on what happened, and they actually called my brother at work to come and pick her up from the daycare after the head through the wall incident, and she was taken straight to a pediatrician so there is a drs report for that one also. We also have a copy of the contract he signed saying they were responsible for her well being while at hte daycare. So, we can actually prove, by the daycares own writings, that the incidents occured. Would that be proof enough for a counter suit if needed?

 

[JETX]

You missed my point. I am not doubting that the occurences happened.... only as to the liability of the day-care for them.

In order to have any chance of a case, you would have to prove that the 'incidents' happened due to their negligence. And that would be very hard to prove...... if even possible.

And that their breaches could only be resolved by an immediate withdrawal from the school. Needless to say, that 'argument' would be minimized by the fact that the child remained after the first such incident.... and the second.... and now the third.