Legal Question in Personal Injury in Maryland

Can we sue a daycare provider for our 2 year old falling off a swing set and breaking his elbow?


Asked on 5/21/11, 6:40 pm

2 Answers from Attorneys

Paula McGill Paula McGill Attorney at Law

It all depends on the circumstances. However, at the minimum, the provider should have contacted its insurance provider. You may be able to handle it through the insurance company without filing a lawsuit.

Although you don't need an attorney to negotiate a settlement, you should think about doing it.

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Answered on 5/21/11, 10:07 pm
Robert Sher Wagshal and Sher

If the daycare provider failed to adequately supervise your child and as a result this incident happened, you would have a claim. However, the mere fact that your child was injured does not make the provider responsible. There may be industry standards for the day care industry that would shed some light on the appropriate age for a child to be on a swing set, and also for what kind of supervision is mandated for this type of activity.

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Answered on 5/22/11, 8:09 pm


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