Can I take legal action about the lack of hygine in daycare?

Question

Can I file a lawsuit after watching a worker at my daughter's daycare not wash her hands after helping a young child use the toilet?
My daughter has only been there 3 days, and she's been vomitting all night last night. I've used this daycare before several months ago, and had to take time off from work, and eventually got fired after caring for my sick daughter. She always gets sick at this daycare, but it's the closest one around.
I just got a new job and cannot afford to take time off for anymore "sick days" or to even look for a new childcare. Is there any legal recourse I can take?
Please help!

Re: Three factors to win a lawsuit
1. Duty of care
2. Breach of duty
3. Damage to plaintiff

All three apply.
1.) Duty of care, the daycare is reponsible for the care and safety of my child.
2.) Breach of Duty, the daycare center neglected the health to my daughter, by avoiding necessary handwashings and cleaning. She inturn got sick due to their neglect.
3.) Damage to Plaintuff, I risk losing my job because now I have to care for my daughter. Laundry expenses also incurred due to the fact I had to wash all of her bedding and clothing from vomit, and the risk of her health for serious viruses and bacteria were jeoperdized.
Examples include meningitis, ecoli, and other serious diseases.

I just called CPS and filed a report. I told them I witnessed a worker there not washing her hands after helping a child use the toilet, and I told her about my daughter now being sick, and that I might lose my job because now I have to stay home and care for her.

Today I'll just look for a new daycare, and hope I still have a job to go back to tomorrow.

Ok, this morning I just drove down to my daughters daycare to withdraw her and fill out the necessary papers. My daughter puked all the way there and now I have vomit all over in my car. I'm very angry!
To top it off, I'm still required to pay for another two weeks!! Is there anyway I can sue them to get out of paying for another two weeks? I refuse to let my daughter stay there anymore, and this morning I picked up all over her belongings.

Answer 1

Your state has standards the day care center must meet. If in fact it does not, you have the right to have it inspected and sanctioned.

Answer 2

The most appropriate course of legal action would be in the tort of "negligence". There are 3 components:

1. Duty of care
2. Breach of duty
3. Damage to plaintiff

Clearly the daycare centre owe you a "duty of care". Of that there is no doubt. However, what you must is that there is a causal link (known in law as "causation") between the acts of the daycare centre and damage to you or your daughter. Although the facilities you mention seem to fall below the expected standard of hygiene unless there is "damage" of some kind no action can be taken.

For example, a driver of a car owes others a "duty of care". Even if he drives like a madman on the road no action will lie in the tort of negligence unless someone is injured!

Despite the illness your daughter has experienced it still needs to be shown that this is a direct consequence of the acts or omissions of the daycare centre and NOT some other cause.

Apart from the above the best advice would be to if possible find somewhere else to care for your daughter. Taking anythng to court and suing all requires one thing - evidence and without it you are stuck!

Good luck!

Answer 3

NO. You will be unable to prove any actual damages and a Judge will tell you to find a better day care provider. No respectable attorney would take that case on contingency and you would be a fool to pay an attorney by the hour because the court would give you nothing. Lose your concern about convenience and find a day care that is best for your child.

and you could report them to the board of license for the daycare and they will inspect the place but that in no way will solve your problem. Spend the little time you have on finding a better place and move on.

Your additional post is missing the most important element/factor......There must be causation between the Breach of duty and the actual damages. You are gonna need to pay a medical expert 10-20k just to get their opinion... Plus your damages are not the proximate cause of the injury. You are complaining about your problems......not your child's injury and it is unlikely that your child will have any permanent health issue ( god willing).Kids get sick.

Answer 4

Not unless you can prove the the reason for your daughter's sickness was caused solely because the worker didn't wash their hands. Kinda hard to do. If your child always gets sick at this daycare then find somewhere else. Your child's health is more important than your convenience. Not everything is a lawsuit. Kids get sick all the time in daycare,just a fact of life.

Answer 5

The first thing you must do,now,is contact the agency in your state that regulates child care and file a complaint.They can take action that could include fines or shutting the program down. It would be hard to prove that this was a direct result of something the program did wrong. Kids in care often get sick fairly frequently in day care until they build up some immunity. My grandson had 5 ear infections the first three months he was in care and it's a very clean place. The upside is that the kids who never were in some kind of group program are more likely to get sick in kindergarten
To look for better care contact some programs in your area and ask if you can visit before or after work or on weekends.

Answer 6

Children are lil' walking germ factories.

Put them in groups of 20 or so, and you'll find your kid is coming home with a different bug every week.

If you sent your child to the daycare within 24 hours of her having fever and vomiting, then you are just as guilty of exposing other children as anybody else is of exposing yours.

Not washing hands is gross, but I'd wager that at least One worker in Every daycare forgets to do it at least once a day.

You can certainly call the licensing agency and ask for a spot inspection. Be prepared for your weekly rates to go way up, if they are then required to hire more help, remodel the property or make other action.

And your kid will STILL come home sick frequently.