Legal Question in Personal Injury in Ohio
Negligence?
If a child runs through a daycare and sustains a cut as a result of falling, causing a two day hospital stay, is the daycare liable, or is it just the child's fault?
3 Answers from Attorneys
Re: Negligence?
The daycare has a duty to provide premises that are safe and also provide appropriate supervision. If the fall was due to a condition that can be argued to be unreasonable or due to a lack of reasonable supervison then there may be a basis for a claim, otherwise the injury would likely not be anyone's legal fault.
Re: Negligence?
What caused the injury specifically? Was it forseeable that a child could be harmed by was ever caused the injury? Was the child being properly supervised? Whether or not there is a claim for negligence depends upon the answers to these questions.
Re: Negligence?
It depends. Was there adequate supervision of the child?
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