Should I sue the daycare?
From what I was told, it was at the beginning of naptime. He asked to use the potty and he teacher told him to go. During naptime, they cut off all the lights, including the bathroom lights. They told me that they heard him fall shortly after the lights came on. They called me about 40 minutes or so after it happened to tell me he had an accident. They said his head was bleeding and they are not sure if he needed stitches or not. I left work and came to they daycare. He wound up needing staples in his head. Later that night, the owner of they daycare called me and said that from the story she heard, she thinks that my son stood on the toilet to turn on the bathroom light (because the light switch is at an adult's level) and fell off the toilet. At first, I wasn't thinking of suing the daycare, but now because of the way it happened I am thinking of it. I am not a person that goes around trying to sue people, but close friends and family think that I should. Some other facts are that there were at least three teachers in the classroom at the time of the incident. I would think that children are to be supervised at all time. I am also upset that no one went to turn the light on for him. They all said he asked to go to the potty, he didnt run in there on his own. This is day 4 after the accident. His head is still swollen and he complains that his head is hurting. I will be taking him to a specialist ASAP. What should I do, sue the daycare or leave it alone???
*He turned 3 in September
-Jen C. The way the classroom is set up, you would have have to be blind if you can't see whether or not the light is on. Him climbing on the toilet is an assumption because NO ONE WENT TO THE BATHROOM WITH HIM, NO ONE WAS WATCHING HIM. My son is well aware of safe places and dangerous zones. He asked to go to the bathroom and no one got up to turn the light on...thanks for your opinion :)
-Live Bold. The bathroom had no windows. it is jack and jill style bathroom (between two classroom). The lights were not dim, they were off. When I went to pick him up after he fell, the lights were off. They brought me in the bathroom and turned ON the light to show me what his head looked like. The bathroom was pitch black before they turned the light on.As I stated before, no one knows for sure what happened because they were not in or close enough to the bathroom to know exactly what happened. They are ASSUMING he climbed on the toilet to turn on the light. I am 5' 8", the light switch was higher than the ones I have in my home. They were at about my shoulder height. My son can not reach my shoulders even if he was on his toes. And furthermore, I didn't say I was suing them. I thought this was where mothers could get advice from other mothers and get their opinions on matters. So the sunlight outside has nothing to do with it and what other kids can do doesn't have anything to do with it. He is the youngest in his class. I would only assume that if the light switches are that high it is not meant for small children to be able to reach it. The toilets are small and lower to the ground and the sinks are small and lower to the ground, that would be what they are supposed to be using. Children should be monitored. But once again I will say, I was asking advice. Thanks for your opinion
Thank you so much everyone for your input. I have just been an emotional wreck. He is my only child and he just turned 3 in September. I think people were telling me to sue because I am too forgiving . He will be going to get his head examined in the morning. I will also be putting in a report to the state or whomever regulates the daycare system here. It was just such an avoidable injury. I would like to make sure this doesn't happen to another child. Him climbing on the toilet is an assumption. No one was watching him so they are guessing what could have happened....
My grandsons daycare has closed circuit cameras everywhere...that is the way to go...no confusion as to what happened. Investigate what happened...or what they guess happened...find out the rules governing if a 3 year old goes to the potty by himself....that is the key....if they were neglegent....free concultation with a lawyer.
If they are not planning or agreeing to paying all of his medical bills then yes I would. I'm sorry but this is neglect. I wouldn't go all out and try to benefit from this. I would just go after what I had to pay out. Hopefully they will be more careful from now on.
I hope he feels better soon!
I don't know if I would sue, but I wouldn't let it go. I would hold them responsible for the medical bills associated with his treatment for the injury. If he is old enough to go to the bathroom on his own, and has done so before, it could be just a bunch of circumstances that came out badly. If he's very young and shouldn't be pottying on his own, that would need to be addressed. Have you been happy with his care up till now? Take care of him, and get more info.
Friends and family who shout "sue" don't know what goes into it, if it's worth it, etc. If you want to find out if you should, talk to a professional.
You have to ask yourself was their procedure reasonable and it was. Think about how many times your son is injured at home or could be. Granted they must have a better handle on preventing accidents because they are paid to watch your child. Still they are not expected to keep him wrapped in bubble wrap.
So no, you should not sue the daycare.
No, it was an accident because your son fell off of the toilet after climbing up on something he should not have.
When my sister was 3, she crawled under a table at day care and when she stood up a porcelain sugar bowl fell on her head and caused her to have to have staples.
My parents did not sue because
1. It was an accident
2. she should not have been under that table
and 3 it was an accident could have happened at our own home.
Keep this in mind.
If a child went to visit your home and stood on something to turn on the light in your bathroom, slipped and needed staples, what would you think if the people sued you?
Unless there has been a constant amount of prior injuries or situations you feel your child has been exposed there due to negligence.. then either call the health department the police or pull your child out of there.
I know it must be scary with your only son, I have an only daughter (now 18). I remember at this age if she couldn't do something by herself well, she would ask for assistance and she was pretty much a "do it herself" kind of kid.
My daughter injured herself many times and I never thought of suing the location she was at (softball, figure skating, camp, school, on vacation...) Many times I had to sign waivers absolving them at responsibility. Most of the times she crashed or injured herself in my care or while I was watching.
Accidents happen. There should be responsibility assigned to your son and the staff (they REFUSED to turn on the light after asked???). Let them use this as a learning experience for the staff and children. Your friends who are encouraging a lawsuit just sound icky to me.
I would never in a million years attempt to sue for this.
Accidents happen. They can happen under your best care as well.
What is the benefit of suing? Make you happy? Make them pay? No one seems to know exactly what happened and that type of accident can happen on your clock too.
I understand having an only child... My daughter turns 17 in 2 days. I never would have considered suing her preschool for an accident.
So many people are out to make a buck and think suing is the way to do it. Start suing,,, you start making a name for yourself and no one will associate with you.
Prime example: Ex neighbors once had a bit too much to drink. She was a freaking Dr., he was an IT guy. They bragged about how much $$ they made suing for slipping on a floor , etc. rest assured. They were never invited to anyone's house again because everyone knew they would be sued for any minor infraction or accident. They moved a few months afterwards, much to the delight of the rest of us.
Do a reality check before you start suing people. You can end up hurting yourself in ways other than monetary.
Accidents happen.
MM,
How horrible for you. You trusted that your son was in sight and/or sound of the teachers, which is a legal requirement. I'm a preschool teacher and would be upset if someone hadn't even checked the bathroom as well, knowing the lights were out, even if it was connected to the classroom.
What concerns me more, however, was that it took them 40 minutes to call you. Forty minutes when his head was bleeding to the point it needed to be stapled? Personally, I'd be furious about *that* end of it. Yes, I'd call to report this right away. In what world is waiting that long to call a parent okay? Were you in a meeting? Whether or not he was climbing up where he shouldn't have been should affect how long it took them to get a hold of you.
I hope your son feels better soon. Were something like this to have happened to a child I cared for, I'd have called the parent as soon as I'd ascertained there was an injury and applied first aid, but immediately. With three teachers, one of them should have called you right away.
Are you looking for a new daycare yet? If I didn't trust the provider, that would be my first move before I did anything else.
(FYI: The insurance policy I carried on my preschool basically stated that if I even *thought* something had the slightest potential to be harmful and I neglected correcting this, I was liable. I'm pretty sure the daycare's insurance is similar, because insurance companies don't want to be paying out on the kind of insurance policies we carry. It's too expensive for them. They'll likely fight it, and you may have to lawyer up to get a settlement.)
You say no one would turn on the light for him? Did he ask them to help him with the light? If not I am sure they did not realize it was not on. It was an accident, one that should be used as a learning lesson for you child about asking for help rather than climbing on unsafe surfaces. No reason to sue IMO.
I just read your follow-up. It was an accident and yes, most accidents are of course avoidable, but it was an accident. This could have happened anywhere, your house, grandmas, etc. If you liked the daycare prior to this, I do not think you should pull him out. It was an accident his first and not his last. Of course, you should forgive, it was an accident!
In the state of VA - the lights are NOT allowed to be turned off - even at nap time.
Yeah - it's hard on the kids at first who are used to having a dimly lit room for naps. However, they adapt and are fine.
The day care should be paying for all of his expenses - period. I would have him taken to a neurologist as well and have him examined.
My Nicky fell at day care - cut his eye brow open the DAY BEFORE I was to take off for a girls weekend in Vegas. it was a random fall - and hit his head just right on the table...he was 2. I was a wreck...and I worked for the day care too - just not at that facility so I had to rush home...urgh!!!
I don't know if I would sue. Depends on if there is damage after talking to a neurologist or if there is long term care needed. If he is fine - I would just ensure they pay for all the medical bills and give you a month or two of free care!! :)
I am not sure how old your son is and I think it matters. If he is 4 or 5 he should be able to go to the bathroom by himself and if he could not reach the lights he should have asked for help. Also have you asked you son what happened? I ran a family daycare for 20 years and the children were allow to go to the bathroom by themselves once they were fully potty trained. During potty training we practice being safe in the bathroom. I am sure I was not expected to leave the other children every time a child had to go to the bathroom. Of course the door to the bathroom was open at all times until they were older. With out more information I am not sure you have enough to sue. Accidents happen at daycare, at home, at friends, pretty much everywhere. You will have to prove without a doubt the daycare was negligence and this is not easy to do and could go on for a long time in court. Right now you are very emotional because your baby got hurt and you should be. Wait a few days before you make a decision.
I worked in daycare before teaching. No way would any child go alone to the bathroom with the lights out.
I would find another daycare, call the state, and tell the OWNER you will be giving them copies of all bills. Your insurance might even make them pay without a lawsuit which is costly and timely
I can understand your families anger and your frustration at this situation. When it is your child that is hurt it always feels different. I agree that a law suit might make you feel better at the beginning but likely will not make you feel better when it's over. You will spend a ton of money and likely not get the outcome that you seek. Could this injury have been avoided? Yes. Should an adult in charge be able to tell you what happened? Yes. Hopefully this incident will change how "nap/ lights out" is handled in the future. There should always be a light on in the bathroom when a child is in there, even if that means an adult turning it on for him and turning it off when he is finished. Sounds a little like the 3 adults in the room were being lazy. I have seen the bathroom that you are describing and yes they are very dark. A small child should not be in there in the dark. Was this an avoidable accident? Yes. But what to do now? Evaluate how your son is after being examined by a medical professional and then see how you feel. Perhaps writing a letter to the daycare owner, reporting the incident to the proper authorities and removing your child from their care, might be all that you can do. I feel bad for you that this happened to your child, let's just hope they take steps to make sure it does not happen again.
First, I would like to say I am sorry your son was injured. I am not sure what the laws are for licensed centers where you live but in NJ a child is NEVER permitted to go to the bathroom unsupervised!!! Second, a light always has to be on when children are napping, they can be dimmed but you must be able to see without difficulty. It isn't bedtime, it is naptime so there is no reason for complete darkness. Check with your state licensing agency first, and I am sure they will let you know what the licensing requirements are for your area. If they are not in compliance then they should be fined, and hopefully they will learn their lesson and this will NEVER happen again. I own a center and I know accidents happen, but this is pure neglect. The director calling and saying they don't know what happened would be enough to put me over the edge as a parent. Common sense says a child should not have to walk into a dark bathroom, a teacher should have gotten off her you know what and walked with him to assist him if he needed help. Not sure if you have rights to a lawsuit, but they should pay for his medical expenses. Good luck!!
Hi M.M,
I am so sorry this happened to your son! I really would consider suing the daycare. I am a former pre-school teacher and was always against policy to let any child go to the bathroom alone for that reason--bathrooms are dangerous and slippery- its an accident waiting to happen. If they had 3 teachers on that day, they were equipted to take a child to the bathroom. I think from what you are saying, they were negligent. At the very least, they need to pay for all the medical bills, your time out of work to deal with this incident, and pain and suffering for your child. I wish you all the best and good luck with your decision. In the mean time, document everything that has gone on between you and the daycare regarding this incident.
M
What would be the point? Medical costs? Pain and suffering? Honestly a lawsuit is a long, expensive and painful process and I would only take that route if I was was in over my head in medical bills and the daycare denied any wrong doing (plus you realize the lawyer gets the bulk of any settlement, especially if you don't pay a retainer up front.)
It sounds like an unfortunate accident, from what you have shared here. Of course, I'm sorry he was hurt, but it seems like something that could have happened anywhere. And how dark is it with the lights turned off in the middle of the day? Do they have total black out shades or something? My kids' preschool had lights out at nap/quiet time but they could still make their way to and from the toilets!
My advice: investigate first, change daycare if you're not comfortable, but a lawsuit should be your LAST resort. The only winners are the lawyers :(
I have a 3 year old who goes to daycare/preschool so I understand where you are coming from. He should not have been sent to the bathroom alone. I would be livid if this situation happened to me. I would expect the daycare to pay all his medical expenses. Also you should report the daycare to the state. I don't think you should sue, unless you find out your child has a brain injury (sorry, not trying to scare you) or some other type of serious injury due to the fall. If its just a headache from the staples - which most likely it is - then there really is no reason to sue. The most that you would win is medical expenses. You do, however, have every reason to be very upset over all this. And I would probibly entertain similiar thoughts if my child were hurt, but once I calmed down I think I would realize that a lawsuit is not the answer. I hope all this did not ruin your holiday. Good luck and let us know what the specialist says.
I hope your son is OK! Maybe give it some time and think about it before you decided whether to S. or not. See what the results are once his head is examined. At the very least, you should notify the state so the center can be investigated for this incident. Best wishes!
I would look for a new day care, I would also understand that children are going to get hurt, some worse than others. You should also understand that legally you probably signed a whole bunch of stuff that covers them in this incident and you will get no where with a law suit. In addition should someone have gone in after him - logically yes, but were they required proably not.
Sorry your son was hurt. Have you asked your son how he fell? If so, what did he say? If not, ask. Yes, someone should have at least said "do you need the light on or can you see ok?" because typically, the kids eyes have adjusted to naptime and can see in the "dark" but us walking into the dark are not able to see as well. Keep in mind that head wounds do bleed alot and accidents do happen. Kids should be watched at all times but they aslo are supposed to give them some privacy in the bathroom so it is possible that the accident could have happened even if the lights were on (after all, kids do like to climb).
As far of if you should sue, I would wait to decide. See what the specialist says about your son, what expenses you will have and what if any long term effects your son may have. Then also talk w/ the director to see if they are willing to assume the out of pocket expenses....if so, and there are no long term effects, I would most not sue. If they are willing to cover the expenses and there are long term effects, you may need to seek the advice of an attorney but may be able to reach a settlement without suing...something that would cover the long term expenses and care. If you choose to sue, you will have to find a new daycare.
Just remember, he could climb even in your presence and fall too....accidents happen.
Someone should have been with him at all times, period. He is too little to have been sent to the bathroom alone, especially without any lights on. I think they were negligent. But...think about what you want to accomplish - do you want the daycare to pay for his health care for this head injury, do you want to ensure that no other child is hurt because of their negligent procedures (or lack of them), do you want money for his and your suffering? I would await the results from the doctor and really think about what you would like to accomplish if you do sue the daycare. You may be better off engaging a lawyer (or even mediator, much cheaper) and approaching the day care via this legal path to make the changes you want to see. But it certainly sounds like the teachers in the school are not properly trained to ensure that no child is left alone. What if he had decided to just walk out the front door and go home? At the least they need a "return receipt" letter stating the incident, what you feel needs to happen, and a request that they advise you how they will ensure your son's safety in the future. Good luck.
Hey, this is a place to ask questions and get everyones opinion to get different perspectives on your particular situation. I too asked something on here and some responses were not nice... Don't take it to heart. So here is my 2 cents: try to deal with the daycare first. If they haven't already offered to pay what ever out of pocket expenses you have you need to bring it up. I wouldn't necessarily find a new daycare if you have liked them up until this point. Kids are accidents waiting to happen... That's how they learn. An adult saying " do that or you'll get hurt" doesn't really compare to doing it and getting hurt in a kids mind. If you do like them(daycare) start a dialogue on how best to prevent this from happening again. On the other hand if this was just the latest thing they were stupid about.... Run! Run fast.
Accidents happen. Try dealing with the daycare yourself first, if they give you problems or don't pay the bills or don't take any more precautions to prevent accidents like this then go see a lawyer. Hopefully they accept that that were in part responsible for his accident. I really hope this all resolves itself. I hope there is nothing still wrong with your boy and he recovers quickly. Kiss him and let him know he's got a ton of mommies worried for him and we all hope he gets well soon. *** sending good thoughts and healing wishes your way***
I think you should talk to a professional, OF COURSE they should have kept an eye on him. I Usually do not think it is good to go around suing other people, our society is getting really carried away with this. BUT in this case.....They are liable. It is their responsibility to do everything they can to keep him safe, and they didnt. But I personally know nothing about the legal system. I hope he is OK
Suing is a lot of work, headache and time. If you really are considering, talk to an attorney. However, be ready for the time investment.
My own approach would be to sit down with the owner / supervisor of the daycare. Explain all your concerns (son should have been supervised, someone should have turned on light for him). Tell them you want them addressed or you will be pulling son from daycare. I would also demand reimbursement for medical bills. Some accidents are unavoidable, even with close supervision and therefore the center cannot be faulted. This one seemed to be pretty avoidable.
If I were in your shoes, I would give the daycare all the medical bills and expect them to pay. Three teachers and no one knows what happened is a major red flag to me. I would look for another daycare ASAP and look for one where you can monitor from your computer at any time you want to check on your son.
Lawsuits are huge pain in the butt. It will drag on for years and not worth the time or money. I had a medical malpractice suit against a doctor and if I could go back in time and have a do over then I would not even bother. What I got was not even much at all considering I wasted four years of my time.
Just make the daycare pay for the doctors bills because they should be responsible.
I don't think you have given nearly enough information. Is the place really that blackened out that he can't see at all? Is there windows in the bathroom. We keep the lights low often during the day, but even on a cloudy day, there is still so much light visible with street lights and we have enough windows, that no one would be in pitch dark. But, I know how pitch dark some places can be when there are no windows.
They used bad judgment I believe. I mean obviously, he needed to be supervised. Have you asked their policies about going to the bathroom? Do they always go with them? I run an in home daycare and I could not go with all the kids all the time. My kids go by themselves, and much to my irritation, they often climb up on the toilet and climb up to get a drink without asking. We have ample time and ways for them to get a drink. My home is set up like a home, so if they take too long to potty, I look in on them and find them doing this. I consider it naugthy in my situation.
The light switches.. Just because they are high does not mean they can't be reached. Our switches are not low, but they are not so high that our youngest 3 year old can not reach them. They can stand on their tippies and turn it on. They do it all the time. But as I said, we have enough light. They often go in the dark room without incident. It's not that dark.
What do you expect to accomplish by suing? I mean they would likely pay your co-payments already and have insurance to do so. You are going to turn them in. That means the state will make them change any policies needing changed. But I'd need to see other things like... How far away is the bathroom? Do kids go in there routinely without help and are they able to turn on the light switch from the floor? Are there windows in the room and what kind of day was it sun wise?
I'm so sorry this happened. I am just seeing this question, and though I haven't read the other responses, I read your SWH.
Here's what I think you should do. Call social services. Ask them to investigate. The reason you should do it is to hold this daycare's feet to the fire and MAKE them change the way they care for children. A 3 year should never be sent to a dark bathroom by him or herself. That is nuts! Without a consequence of some kind, they will not do anything different.
They won't like this, but it's better than getting sued. Since you aren't looking for a payout, but better childcare, calling social services will take care of the problem.
This is not your son's fault. They are almost acting like it is. That's bullcrap, MM. Be strong and make that call. All the kids in that center deserve it.
Dawn
