Whose Fault?

[MomBoss]

A DCM was carrying her 3 year old down the stairs in my daycare. She either tripped or lost her balance and fell down the stairs. She hurt her ankle, although I dont think she broke it or sprained it because she was still able to put weight on it and it didnt swell or turn blue, she was going to go have it checked out anyway.
It got me thinking, since this is her negligence by carrying her child down the stairs when the child was able to walk themselves, would I be responsible if her ankle is broken?
Now i feel like I need a policy about carrying your child down the stairs otherwise she either would not have tripped or she would have held on to the railing..

[mommyneedsadayoff]

A DCM was carrying her 3 year old down the stairs in my daycare. She either tripped or lost her balance and fell down the stairs. She hurt her ankle, although I dont think she broke it or sprained it because she was still able to put weight on it and it didnt swell or turn blue, she was going to go have it checked out anyway.
It got me thinking, since this is her negligence by carrying her child down the stairs when the child was able to walk themselves, would I be responsible if her ankle is broken?
Now i feel like I need a policy about carrying your child down the stairs otherwise she either would not have tripped or she would have held on to the railing..

If she is on your property, then I think you could potentially be liable. That is what insurance is for since you have the "public" in your home for business purposes. Hopefully someone can give you a better answer, but may have to cover medical expenses. :dislike:

I believe there is a great thread on something similar in the archives...i will see if I can find it. I think I read on here that some providers specifically do not let parents do stairs for this reason. The provider takes the child up and down to prevent injury on their property.

[MomBoss]

She knows it was her fault she fell so i dont think she would ask me to pay her medical expenses..shes really young so she may not even know that she can ask..but its just crazy that we have to remind adults to be careful. I almost dont want them entering my house now!

[mommyneedsadayoff]

https://www.daycare.com/forum/showthread.php?t=62954&highlight=Stairs

Check out nannyde's post...#31...it is specific to your situation. Darn parents can be more clumsy than the kids!

[Blackcat31]

A DCM was carrying her 3 year old down the stairs in my daycare. She either tripped or lost her balance and fell down the stairs. She hurt her ankle, although I dont think she broke it or sprained it because she was still able to put weight on it and it didnt swell or turn blue, she was going to go have it checked out anyway.
It got me thinking, since this is her negligence by carrying her child down the stairs when the child was able to walk themselves, would I be responsible if her ankle is broken?
Now i feel like I need a policy about carrying your child down the stairs otherwise she either would not have tripped or she would have held on to the railing..

It's YOUR responsibility but it's DCM's fault.


It happened on your property so unfortunately you are liable. It's the price we pay for opening our homes/property to clients for business.

Its her fault she choose to carry her child and even if you had a rule that she couldn't carry her, the liability still falls on you.

[MomBoss]

It's YOUR responsibility but it's DCM's fault.


It happened on your property so unfortunately you are liable. It's the price we pay for opening our homes/property to clients for business.

Its her fault she choose to carry her child and even if you had a rule that she couldn't carry her, the liability still falls on you.

Well lets hope its not broken then! Ugh

[Blackcat31]

Well lets hope its not broken then! Ugh

I am not sure of parents but I do know that if you have any type of injury that happens on your property that requires medical attention that we have to notify licensing.

I am wondering if you shouldn't maybe consider just shooting a quick head's up e-mail to your licensor just to CYA. kwim?

I'm sorry this happened to you... :hug:

I would consider implementing a new rule that parents can step into your home but you will bring their child TO them upon pick up/drop off etc.

[MomBoss]

If she DID come after me for medical costs, i would have to consider her a future liability and idk if I would want to provide care anymore...
To ask someone to pay for your medical bills resulting in an injury you caused on yourself..rubs me the wrong way.

[Cat Herder]

If she DID come after me for medical costs, i would have to consider her a future liability and idk if I would want to provide care anymore...
To ask someone to pay for your medical bills resulting in an injury you caused on yourself..rubs me the wrong way.

Imagine the anger of people sued by the intruders injured breaking into their houses.

Hope she does the right thing and assumes responsibility for her own actions. :hug:

[nannyde]

If she DID come after me for medical costs, i would have to consider her a future liability and idk if I would want to provide care anymore...
To ask someone to pay for your medical bills resulting in an injury you caused on yourself..rubs me the wrong way.

It may be her insurance company not her.

[MyAngels]

It may be her insurance company not her.

This is what I was thinking, too. My DD fell on the ice recently at her apartment complex and required emergency medical treatment for it. The insurance company has indicated that they will be pursuing payment from the apartment complex owner.

[MomBoss]

This is what I was thinking, too. My DD fell on the ice recently at her apartment complex and required emergency medical treatment for it. The insurance company has indicated that they will be pursuing payment from the apartment complex owner.

But what if she never mentioned it was at an apartment complex?
Ice is one thing, but falling down the stairs because your clumsy, my insurance may not think its my fault either. I was doing some research and if there is no negligence on my part the insurance could refuse to pay the claim.

I got hurt at a job once and needed chiropractic care, never mentioned it was from the job and they just treated me and my insurance covered it.

[CityGarden]

Sorry this happened to you.

In my program parents walk their children in but I dismiss outside.

I will add my clients all except one are SAHMs/WAHMs so they are not rushing off to work, I find they are more attentive in the mornings at drop off than at pick up but I am not sure my experience would be the same if my clients were all working moms.

[Blackcat31]

Do you have liability insurance or just your home owners?

I totally understand where you are coming from and I agree that the parent made a bad choice but ultimately no matter how you slice it, it happened on your property.

Even if your insurance thinks it was the dumb action on the parent's part, it does not negate the legality of it.

Parents fault, but YOUR property.

The DCM may never say where it occurred and if not, cool....but if she does liability falls on you.

Having liability insurance would help offset the financial liability on your end.

[MomBoss]

Do you have liability insurance or just your home owners?

I totally understand where you are coming from and I agree that the parent made a bad choice but ultimately no matter how you slice it, it happened on your property.

Even if your insurance thinks it was the dumb action on the parent's part, it does not negate the legality of it.

Parents fault, but YOUR property.

The DCM may never say where it occurred and if not, cool....but if she does liability falls on you.

Having liability insurance would help offset the financial liability on your end.

I do have liability insurance for childcare but not sure if it covers the parents as well?
This whole thing is stressing me out.
She dropped off at 7:30am and I havent heard from her, she told me she would let me know, so if she went to urgent care she would have some answer by now. Maybe she didnt go. Honestly if she was able to walk out of here (back up the stairs) i cant imagine it be broken.