My 5 yr old daughter attends a licensed in home daycare. About a week ago she fell off a swing and broke her arm. Now, the daycare provider says she is not financially responsible and refuses to give me her insurance information. She says because my daughter was jumping off the swing, but the swing is too high for any of the kids there, it comes up to my 5 yr olds chest and she's one of the older kids there. Also, my daughter says no adults were outside with the kids...what do I do?
2006-06-20 11:18:16 · 8 answers · asked by littlebittykittycat0226 2 in Politics & Government ➔ Law & Ethics
In home day care providers should have insurance to cover these things. If truly, the swingset is a danger..ie too high for the children to play on, and a safety hazard, call social services to investigate.
If no adult was there to supervise, another reason to have social services notified. Accidents do happen, but negligence is inexcusable.
2006-06-20 11:27:43 · answer #1 · answered by MOI 4 · 3⤊ 0⤋
You can totaly go crazy over this but did you sign a waver when you signed her up? Alot of places make you do that now a days and unfortunatly unless you have some serious doubts about the ACCIDENT being there fault, then let you insurance pay for it. I know that it may suck but you would have to prove it was not your daughters fault for jumping off. As a mom of a kid who was hurt in day care I paid and let it go because when all was said and done it was an accident.
2006-06-20 11:28:26 · answer #2 · answered by Justbeingme 3 · 0⤊ 0⤋
You should probably try calling some type of law firm in your area, and having them make sure the daycare provider is really not responsible. If they confirm she is responsible, contact ehr once more, and tell her you have spoken to a lawyer, and that she is responsible. If she still will not cooperate, hire a lawyer from the firm!!
2006-06-20 11:24:10 · answer #3 · answered by °kels° 2 · 0⤊ 0⤋
This is one I would speak with a lawyer about. There's a lot of iffy things in your story. It really could swing one way or the other. No pun intended. I hope your daughter is okay.
2006-06-20 11:35:55 · answer #4 · answered by Lisa H 4 · 0⤊ 0⤋
Call the division of social services that handles day care....you gave her the chance to make it right...and there should have been an incident report filled out when it happened and you should have been given a copy...that's all the proof you need.
2006-06-20 11:23:03 · answer #5 · answered by miss_chrissy_dawn 4 · 0⤊ 0⤋
well, did you sign anything saying you agree to waiveyour rights if your child is injured? this is why we have LICENCED caregivers instead of NON licenced. it is because you expect a higher quality of care from them. You could site neglect as well- take a few pics of the kids playing without supervision and then date and time them so that you have evidence of this in court. Talk to lawyer refferal in your area for free
2006-06-20 11:22:51 · answer #6 · answered by Charmed 4 · 0⤊ 0⤋
If you could proove that there were no adults supervising the children, that's a good start. That's negligence, and she IS liable if she's supposedly licensed.
2006-06-20 11:22:49 · answer #7 · answered by Holly 5 · 0⤊ 0⤋
TAKE CARE OF YOUR OWN KID! NO MORE PROBLEMS!
2006-06-20 11:21:42 · answer #8 · answered by bigo420247 2 · 0⤊ 1⤋