law ethics concerning day care and son?

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

Short answer-no, you are not required to pay her doctor's bill. Your son is 2 years old. Children fight, especially toddlers over toys. You have no liability. The girl's mother would be laughed out of court.

Answer 2

1) Day care centers have a hard time keeping an eye on every single child but someone should have stopped what happened between your son and that girl.
2) I would talk to the parents of that child first and see if there is a diplomatic way of resolving the problem prior to paying the medical bill. (after all not only was she the one who started it, but she was older than your son and should have been taught by her parents not to pick on smaller children.)
3) As someone else has stated the DayCare center should pick up the bill
4) Speak to other parents that you know and trust such as family and ask if they have or know anyone that has had a similar situation and what happened


Best of luck to you

Answer 3

I had my son in daycare since he was a 3 month old baby, and they did offer a school medical insurance when in school or daycare..does that apply there???..
I agree that kids are kids..and NO kid is excent from being bit...pushed...or somewhat similar at school or daycare., but if what happened was really serious..I would out of ethics...want to pitch in with medicines or part of the cost the parents went through with their kid.....whether there was a law or not..I would out of as I said ethics and courtesy want to help out in some way, have you spoken to the parents??..I think I would ask you...what would you have felt if the bitten one ..and broken skinned had been your child??.Would you have wanted to have some help from the parents??..Think about that...and I also hope you were not too hard on your child...kids this age is veru hard for them to understand what is right and what is wrong..you can teach by example...by pictures and by acting out for him/her., so he gets an idea....
Good luck!

Answer 4

I think the day care should pay the bill. Even though it was your son who bit the girl, he was being cared for the day care at the time of the incident, so the day care should take full responsibility. I don't understand why daycare hasn't offered to pay yet since they obviously weren't supervising your son properly.

Answer 5

I feel that paying the doctor bill will be the honorable thing to do. The courts are already overwhelmed with civil cases and adding one about fighting toddlers will only result in more tension and stress.

{EDIT} Your son can learn about personal responsibility at an early age by seeing you take responsibility and paying the doctor's bills - it's not about the money but what happens when one does something wrong.

Answer 6

No, you should not have to pay the bill. Kids are kids and well - "stuff happens".

And - unless junior took a junk out her there was really no reason to take her to the doctor to begin with. Yes, human bites are dirty, but cleansing with soap and water, and maybe a little antibiotic ointment is all it needed.

Their little girl was as much the aggressor as your son. Little kids bite - they all do it sooner or later (no matter how much we teach them differently sooner or later they do it!) I'd be polite and say that you understand it upset her, but that you are not liable for her bill.

Answer 7

I do not think you are, or should be, responsible for this bill. Part of having your child at day care - or school for that matter - is that their are risks of injury. If your child gets sick with a cold of flu that another kid has and needed to go to the dr, is that kid's parent responsible for a bill? No. Your 2 YO could not control himself - that is part of being a child. His brain is busy making connections and biting and tantrums are how he deals with emotions (as well as millions of other children) and learns. I would talk to the daycare about the bill. Tell them the situation. I would assume they wouldn't be reliable either. Isn't there some sort of waiver that you have to sign and give insurance information to okay treatment for your child if he/she is injured? If not, I'd think twice about the facility your child is at. I'd also contact a local injury attorney that offers free consults.

Answer 8

If the daycare is licensed they should have liability insurance that might possibly be cover this as it happened on their premesis and while under there care. While policies mostly cover just accidents, and the biting isn't really and accident but could be argued that your child had diminished capacity to understand that biting was wrong due his age (not to be negative toward your child, but it could be argued it is akin to a dog biting...you aggravate a dog, it may bite you).

Answer 9

I would offer to pay what insurance doesn't cover. Things like this happen when children are together. 2 year olds don't know right from wrong yet they are developing, but if they broke something in a store you would have to pay for that. I would also speak to the daycare center. I think they should pay half since the child was in their care at the time. It was their responsibility. I have a child care business myself. I would offer to pay if it happened at my place.

Answer 10

I think the school insurance would cover it. I would check with them. You can not be forced to pay a bill that was an accident. A two year old can not be help responsible for a Dr.s bill.

Kids bite, end of story.