Legal Question in Personal Injury in Massachusetts
injury in day care
My 5 year old child was injured in the day care in the classrom. He was spinning around and ran into the brick wall. He damaged his front teeth and deformed gums and palate. There is a possibility of having damage to his permanent teeth and bite. Is day care responsible and liable for the damage for negligence and safety. Should they pay for the medical expenses? What are my legal rights? Please advise.
2 Answers from Attorneys
Re: injury in day care
The day care's insurance policy may have a med-pay provision which pays medical expenses on a no-fault basis. As to the negligent supervision or maintenance claim, you should consult an attorney in-office. My first gut reaction was, "Five-year-old-spinning, why should this be day-care-negligence?" I then decided, in fairness, that the answers might be, "Not enough supervision," "Unsafe room," or similar concerns. You should seek an attorney who has handled such claims before, against schools or day-cares, because this is not a standard "slip-and-fall" or "fender-bender" type case.
Re: injury in day care
It sounds like you may have a good case.
The daycare has a duty to supervise your child and provide a safe environment for your child.
Please feel free to call. We offer a free initial consultation and we only get paid if we recover money for your son.
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