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My daycare goes to a gym every week to learn gymnastics and play. They are two trampolines there that we are very careful when we use. All of the parents know we use them as part of the field trip every week. When using them there is one at a time and direct supervision while on there. One of my 2 year olds were jumping we thought he rolled his ankle. He favored it but continued to jump and run around and play without crying or anything but a slight limp. I immediately called mom to let her know that he possibly sprained his ankle but it didnt appear that anything else was wrong. We continued on our day as normal. When he got picked up he told his mom about his owwe on the trampoline but then climbed up the slide to play. The next day I called mom to see how he was and she said that they were in the emergency room until midnight because wouldnt walk on it. She then told me that he has 2 hairline fractures on 2 bones in his foot and is very upset about it. I apologized profusely but she didnt even say anything. Has anybody ever gone through this and what should I do now?
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Do you have liability insurance? Check your policy to see what it covers bc she will most likely expect her medical bills to be covered if the child was hurt while in your care. Do you have a medical waiver in your contract or field trip contract?? -
did mom sign a consent form with the gymnastic company. If she did then it has nothing to do with you. You brought him there and the mother consented that he was able to do gymnastics. Its the same as if grandma was to take him instead of mom.Comment
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No consent form at the gym but my contract does state that I am not liable for injury wgike in my care at my house kn field trips or during travel. Plus it is a medicaid family.Comment
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Sometimes even if a parent signs a waiver or a form giving you permission to do certain things a provider can still be held liable if there was any wrong doing or negligence on the provider's part.
Now I am not saying this to be mean or hurtful but if I were that parent, I would NOT be ok with my child using a trampoline. EVER.
The American Pediatric Association recommends that kids under age 5 should NEVER ever use a trampoline.
Some home owner insurance companies won't cover trampoline injuries or even insure you if you have one.
Definitely something to consider in the future.
Oh and also, what does the family having Medicaid have to do with this?
As a parent, I would hold you responsible for this. I know it was an accident but I would not be ok with this.
I am sorry this happened
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First, If you're licensed you will need to report this to licensing and do a written report and send it to them immediately.
Second, write up in detail everything that occurred with DCK and have mom sign. Give a copy to mom and keep the signed one in your records.
If you have daycare insurance check to see if they will cover the medical bills.
As far as mom being upset, its understandable. Hopefully, you had them sign a permission slip and the understood the possible dangers of going to the gym.
I recommend, if you don't have one already, having all parents sign a permission slip and/or waiver stating the obvious dangers of going to the gym. That you will do your best to limit the risk of injury, but injuries are very possible.
Good luck...I hope this doesn't turn into anything more, but be prepared should she take legal action.Comment
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Unfortunately your contract stating that will not help at all. They can still sue. You said they are a Medicaid family so you may get something in the mail asking for details on how the child got the injury. If Medicaid determines the injury was the result of inadequate supervision or that it could have been avoided they could decide to come after you.Comment
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I learned from one of Tom Copeland's books that it's pointless to put a statement in your policies saying you are not liable in case of injury because no one can ever give away their right to sue if there is an injury. That sounds so confusing... but basically, even if you have a policy saying you are not liable, you are still liable, because your clients can not give up their right to sue. It is why he recommends that every provider has insurance.
However, I think that because the injury happened at the gymnastics studio and not at your home, then you have less to be concerned about in terms of being liable.
I wish I had more advice to offer! Let us know how it goes. Hoping for the best for the little guy and for you!Comment
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1. Write up an incident report. Have any witnesses write up their own accounts as well. Sign and date them. Make copies and give copies of all these to the parents and ask for a signature just stating that they were informed of how the injury happened.
2. Report this to whomever your higher up is. County, state, etc. Let your insurance company know.
3. Tell the gym that this happened. They need to know for their own records.
4. Talk to the parents and find out how they are feeling. Right now, you are worried becuase of the unknown.
5. Rethink trampolines and monkey bars. Both my kids have broken arms in other ways and their orthopedist said that no child has any need to ever be on monkey bars or trampolines. There are safer alternatives to each of these activities. These two pieces of equipment cause SERIOUS injuries. Luckily, your dc child has a minor injury. It could have been much, much worse.Comment
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They can sue you, but that piece of paper can make it so they don't win/collect. If there was negligence on the part of the provider, the paper/signature won't matter (ie: the provider was drunk when she drove the kids on a field trip) but in normal, every day matters I would always have the parents sign off on it.
As for the OP, like others have already stated - call your licensor and let them know of the situation. Fill out an incident report. Make sure you have all the necessary permission slips in order and on file (we have to have signed permission to take kids off site). Good Luck!Comment
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how come the gymnastics place didn't have the parents sign a form. Ours make every parent sign a form because its the parents responsibility whether or not they are allowed to do gymnastics. And parents usually pay for this too.Comment
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In Michigan we are not allowed to let the dck's use trampolines...even the small, single person, 6 inches off the ground ones, so I would assume we are not allowed to let dck's on a trampoline any other place as well.Comment
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When we bought our balloon policy for daycare insurance we had to remove the trampoline we had (15 foot). I sold it and reading this I am glad I did. I never let DCK on it but I did let my girls jump after hours. I strongly suggest daycare insurance. I am happy I have the extra coverage. Accidents do happen.Proud Mommy of Six...Comment
Yikes.
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