Son bit child day care?

Question

My son (he is 2 years old) was at the day care and this girl, which is older and bigger than him tried to take the toy he was playing with. They started fighting over it and my son bit her and broke the skin.

I was very upset at my son that he did that because isn't a behaviour we encourage and he was disciplined.

I asked the Day care teacher where were they when this happened but they said they didn't have enough time to separate them.

Now the parents want us to pay for the Dr bills because they took her to the dr. The girl is ok and didn't even need tetanus shot.

Am I by law required to pay this bill?

Answer 1

You know what, kids are kids. I don't think you should judge yourself & say you don't encourage this behavior--OF COURSE YOU DON"T! BUT he is a child, a baby at that--he is only 2. Everyday is new to him & he is going to experiment w/ all sorts of new things on a daily basis--some good behaviors, some bad. So please don't blame yourself. Now if this is a continuous behavior on your sons part, you will have to figure it out & how to handle it so it stops. He was in daycare, supposedly w/ "supervision", so you as a parent are doing your best. I think the paents of the girl who got bit, should be upset, its natural, but I feel that they are wrong in asking you to pay. Again, if your child is a continous biter, biting many children, & you have not stopped it, also if a continous biter, the school would know about it, they should have confronted you before to aware you of problem. The parents should speak to the school to see how to handle it as well. & if only a DR. visit, they should have health insurance, & that should cover it--no need to ask you. & if no need for tetnus probably not that serious, a little neosporin would have done her fine. So I think they are wrong in asking you to pay. If the situation was more serious, then maybe the school should pay. But in any case not you--your child was in their care when he bit. You are trusting them w/ his cae when youy are away--as well as the little girls parents entrusting the daycare as well.

Answer 2

The day care should have liability insurance and they should be responsible for anything that happens there!! period do not let the daycare tell you different and when the other parents want money from you tell them the same that the daycare is responsible because they were suppose to be watching these kids no excuses it is not like your kid is a pit bull, he is only 2 years old don't be so hard on him. If the teacher at the day care blows this off then you need to ask for the owners name and phone number and let them be aware of the situation, and if the other parent threatens to sue you tell them to go ahead because the judge will rule in your favor because your child was under the supervision of the day car and they are suppose to have enough staff to accommodate ll the children, now as an example if one of the kids fell down and needed stitches the daycare insurance would pay for the medical bills right?? just keep an eye on things so they don't mistreat your boy for this incident because ALL kids bite one time or another.

Answer 3

Personally, I feel that the other parent should understand that biting is only a reaction that children use when they don't have the language to describe what they need or want to say. I think all kids bite at some point or another. This is a risk whether the child is in daycare or simply at a playgroup. How much is the bill? Is it worth not paying to cause friction at the daycare center? Sounds like the other child's parent may blow this WAY out of proportion!!! Legally, I don't know if you're liable. You just need to weigh it out if it's worth the fight, over what the cost would be. Maybe this is one of those times when you just have to be the "bigger" person, pay the bill, and move on.

Answer 4

I would think the day care center would be in charge of the bill for as long as the parent didn't have insurance. I would also ask the day care center about the papers that you all signed when you enrolled your child. There might be something in those papers that will tell you who is responsible. I know that when I ran a center we had to write up accident report for each parent not naming the child that was bit or bitten in each report. Your child broke the skin was it necessary to take the little girl to the doctor was the bite really that bad. I know that I have run and in home for three years and kids are going to bite and they are going to break the skin but I have never seen a bite in the three years that needed medical attention besides being cleaned properly and a hug and a kiss and I'm sorry from the friend that hurt them.

Answer 5

I WOULD NOT even think about paying the doctor bills for the other child. They need to realize that every day children get bit in day care. My son was a biter. It is a stage that many children go through. You are not required to pay the bill unless they try to sue you. The teachers probably did all they could. Some children are super fast. I would hope though that now they know your son bit that they would shaddow him and watch him closer so that you don't have another conflict with another parent. Actually by law, the teachers never should have told the parent that your son bit their child. It is supposed to be confidential. The school is wrong by doing that and I don't know about every state, but in MA it is so confidential that it is illegal to tell the parents of the child who got bitten who did it. Besides this being illegal, it is just wrong....and know I see why!

Answer 6

First of all let me say that it is the job of the day care employee to watch the children, but it is impossible to prevent every accident or mishap at a day care or school. So while you could consider the employee negligent, they are not liable. ACCIDENTS ARE GOING TO HAPPEN! My son through a rock on the play ground at school and hit another little boy in the head which resulted in him having stitches. He was at school-but I didnt blame the teacher who should have been watching him on the playground. My husband and I offered to pay the little boys medical bills; we were not required to and the parents didn't accept our offer, but we felt better about the accident by offering to help out.

These days, people are so sue-happy that the parents of the little girl that your son bit could take you to court for the bill then it will cost you the bill + lawyer and court fees. Is it worth it? If you can't afford to pay the bill, offer to pay half. There is always a compromise. If you are uncomfortable with the care your child is getting at the day care then you may want to look into other day care facilities.

Answer 7

No you are not liable. By law they are not allowed to tell the other parent who bit their child. If they told the parents it was your son then they broke a confidentiality agreement.

If their daughter told them then I am not sure on what the case would be. They can't tell whether she was right or wrong so they can't be positive.

I would ask to see the incident report. See how many children were together at the time, what time it occurred, and where it happened at.

At daycare it is known that your children may get bitten. Most centers at have 3 bite policy. If your child bites 3 times then he is out for awhile.

Good Luck. SD

Answer 8

Remind the daycare that you are PAYING them hard earned money to care for your son. And just the same, the girls parents are paying them to care for their daughter. It is not your fault, nor is it your sons fault. You don't send your 2 year old to daycare to fend for himself. The daycare provider should be wholly responsible for this, don't give the parents of the girl a dime! I would also suggest you look for a different daycare provider seeing as they are not paying enough attention to the children if the kids are biting chunks of flesh out of each other.
Also I think the girls parents were a little neurotic about taking the girl to the doctor. What did they think? That your son had rabies?

Answer 9

This is a farely common thing to see amongst children of his age. They aren't exactly well-versed and when they get frustrated alot of children show their anger by hitting and biting. Of course, we as parents redirect and discipline this behavior so they quickly learn that this is not appropriate.

I own my own childcare center and what you need to do is look at your contract. There should be a section dedicated to this sort of thing. Most contracts will actually have a section regarding who is responsible for injuries, etc. and requires a signature.

I would ASSUME the childcare center would take some responsibility, but remember, it was your child and that is what her parents are thinking....'is this kid going to bite again?' They would have to take you to court in order to get any monetary amount. In your situation, I think I would offer my apologies and perhaps offer to pay 1/2 the doctor bills. This, of course, would be AFTER talking to the childcare provider. Sounds like a case of parents over-reacting. I am sorry you are dealing with it and I hope it resolves itself soon.

Answer 10

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