My child was left outside of his daycare, do I file a lawsuit?

Question

My 2 year old son was forgotten outside of his daycare by his teachers. Luckily, another class was still outside and when she was rounding up her class she found my son asleep in one of the little play houses. The reason my sons class had gone in early is because it was far too cold outside for the kids in the first place (they were all complaining about frozen fingers). They do not know how long he was sleeping outside, they only know that there was at least 10 minutes between the two classes going inside. The incident report says that when he was brought in, he said he wasn't feeling well and that his legs hurt. Should I file some sort of lawsuit? Both of his teachers have been fired for negligence.
T.T.

Answer 1

You should take responsibility for the fact that you are the one that has placed a two year old baby in this horrible predicament -- what on earth are you thinking leaving your precious son's life in the hands of complete strangers????

And you want to sue now for something that could almost be predicted? Why didn't you think about this before leaving your child in daycare to avoid this and many other sad and terrible things that have happened / will happen to him in this institutionalized, over-crowded environment?

A baby needs their parent vigilantly watching over them 24/7 -- my baby has never been out of the sight of me, my husband or my mother -- he is almost two and I finally allowed my younger sister and her fiance to babysit him for two hours, they adore him and are solid, responsible people, but again that baby is my and my husband's responsibility and we have to protect who we leave him with and at what age he is ready to be left with different FAMILY MEMBERS.

Again, will your baby give a damn if you file a lawsuit (more energy expended away from what he really needs...) why don't you spend the time figuring out how either you, your wife, your parents, any ONE trusted person can care for him from here on out now that you have learned the lesson of the pathetic situation YOU SHOSE TO PLACE YOUR SON IN.

This is the United States of America, don't tell me there is no option other than daycare -- of course you can figure something out, be a loving responsible parent and do it. Your baby boy will appreciate the impact of being #1 on your list for the rest of his life -- how can you not get him adequate parent attention / care for just another 4 short years when he will then be ready for Kindergarden? (2 years old and dumped off - I just cannot believe it and apologize for being so direct, but I have a 2 yr old son and would rather sell my house, sell my car, rent a 1-bedroom place and eat pb sandwiches and buy NOTHING for 4 years than to leave my baby at a daycare...)

Answer 2

Call child protective services. Things happen in day-cares but a child should never be left alone anywhere. If it is a ministry program then they are not regulated by the state and they are able to get away with more things. Like a higher child to teacher ratio, which could have led to your child left unattended or maybe the teacher was so distracted that your child was able to sneak out. Talk to your child's teacher to see how this could have happened but I would call CPS and find a new day care center.

Answer 3

First of all, did you have your son examined by his peditrician for possible frostbite? If there is medical evidence to support frostbite or other condition associated with having been outside for that long a period of time, then a lawsuit possibly could be filed. However since the daycare did take action in firing the teacher or teachers involved for their negligence, then its doubtful. I would however, check with an attorney and get their opinion. Most lawyers offer advice at no cost during an intial visit, the charges come in later when and if you retain them to take the issue to court.

Answer 4

I wouldn't file a lawsuit I am sure the teachers feel very bad and it was not intentional. Everyone makes mistakes I know this was a big one but you don't have to make it any worse then it is. Leave it alone

Answer 5

Be glad he wasn't the little boy that got out of his day care building and was found wondering in the middle of traffic on Pennsulvania Avenue.
If all you care about is money then sure go ahead and sue, you won't get that much. If you are concerned about your son, find out what steps they are taking to prevent this in the future.

Answer 6

I don't think a lawsuit would be necessary. Perhaps you could work with the administrator of the center for a coupla free days or something.

Personally, if this had happened to my child, I would have pulled him out and never sent him there again.

Answer 7

You have to be able to show damages in a law suit, and it sounds like there were none.

As valuable as children are, and as dangerous as some cities are with predators and drug gangs, any day care that doesn't keep a head-count at least a few times daily needs to be shut down.

Answer 8

I wouldn't sue- everybody sues now days.. anything for a quick buck! apparently your son was fine, thank god, they did the right thing, and fired the two individuals, I'd move on, and move my son out of that daycare.
btw, if you sue, and it gets around, would anybody want to accept your child into their daycare?

Answer 9

Yes

Answer 10

I would if I were you < and I also would have the state investigate the teacher for neglect, they should've done a head count at least. your child could've got lost or kidnapped or sick due to the negelence. check with your attorney and report her to the local authorities.