I'm So Upset... And Need Advice

[QualiTcare]

i know schools don't assume legal responsibility, but also schools employ lots and lots of attorneys, so you never know what a school has agreed to behind closed doors, made deals, etc...even in a classroom if you can prove negligence, the school might not be sued, but the teacher could be. When I was in 10th grade, at an inner city chicago public school, I had a teacher who frequently left the classroom to talk to her boyfriend who was forever coming to the school to visit, a couple of kids were goofing off, one was leaning out the window to talk to a kid outside, another kid bumped him and out the window he went. The teacher got sued, the school got sued, the city got sued, EVERYBODY got sued...and the kid got a LOT of money, and this was a 16 year old who KNEW better, but negligence was involved

I'm not saying you were negligent, I don't think you were, but people like to twist and bend things to their liking, and parents who might seem great, may change when they see dollar signs...this boy can't defend you, and say "of course she was watching me" but admitted to them that your own kid, not a daycare kid, fell on their boy...and the wheels in their heads may start turning, and you don't want that, i'm not an attorney but I did study law, and if the amount of money it would take to squash this is minimal, i would offer it before they asked for it, write the check and be done before they even consider wanting more...that's just me

yup - perfect example. even if she had watched the incident she probably would've been sued because "the window was open" or she "LET him hang around the window."

the concept of getting sued because of an "attractive nuisance" seems silly to me, but it happens all the time. why should people HAVE to have fences around THEIR pool on THEIR property because someone else's child (who would have to be unsupervised btw) will be attracted to it and fall in? an old professor told us about a lawsuit at a school where a janitor left a mop bucket/mop out in the hallway and to a 5 year old that was an "attractive nuisance" and the kid got hurt. guess who won?

[MyAngels]

I'm a registered user and logged out to protect my privacy.

I have a 9.5 month old preemie in my daycare and he's been here for about 5 months or so. He's a sweet little baby that looks and acts like a 5 or 6 month old. He is just starting to sit up, but still "tripods" occasionally. He has also recently started getting on both knees into a crawling position, but still can't crawl. Over the past 5 months I've noticed that he always favors his right leg more (his mom even thinks so). For example, when he lays on his back he usually only kicks his right leg.

So, yesterday he was my only kid other than my own toddler. DCB was on his tummy starting to get on his knees and my own child (weighs about 23 lbs) was walking backwards and fell on him. DCB cried... Which was nothing abnormal since he cries occasionally throughout the day. Anyways, I picked him up and soothed him. He seemed fine.... He sat in the Bumbo like normal, he ate, and even took a normal nap. After he woke up from his nap he needed a diaper change and as I changed his diaper I lifted his legs up to wipe his bottom and he cried. Not totally unusual for him to cry, but it was different. So I stripped him down and looked over his body around the area where my son fell thinking that maybe he got hurt? I didn't find anything abnormal, no redness, no swelling, no bruising... Nothing at all. I told the mom what happened when she got here and she said, "oh well, accidents happen"... And then she left.

Later last night I got a text and she took him to the ER... He has a fractured femur. :shocked: i called her immediately and she said they splinted him and will cast him today, I told her how upset I was and she said not to worry, and that she didn't blame me and accidents happen. Then she asked if I had liability insurance... Which I don't... I know I know, I was planning on getting it since there has been a few questions about it lately. And the she asked if I have homeowners insurance and I told her I did, but didn't think they cover my daycare without having an extended policy. We ended the conversation on good terms and she said dcb would not be at my house today because of the Dr's appt.

So my question to you guys is what do I do??? Has anyone ever experienced something like this? I called my lawyer friend who specializes in accidents and he said DO NOT assume liability and DO NOT offer anything.... If she's going to sue she's going to sue. I figured I could help pay medical bills and/ or offer free childcare, but who's to say that this preemie didn't have prior issues since he hardly ever used that leg anyways and my child just added to it??

I'm so upset and didn't sleep last night. I have no idea what to do or how to handle this. Any advice that you can share would be greatly appreciated.

Even though it goes against our human nature as caregivers, you should really follow your attorney's advice regarding assuming any type of responsiblity or offering any kind of payment. Unfortunately, in our litigious society, we are all open to being sued for any variety of things. Hopefully, once she realizes that there is no insurance to make a claim against, she will not pursue this any further.

[nikia]

I didnt read all the post so forgive me if I repeat anything that has been said,

I had a little one break their toe here after my kitchen chair fell on it, this chair is one of those solid high bar chairs very heavy. She was climbing down and it tipped over and hit her toe across the toenail and right below it. The toenail was bruised and there was a cut on her cuticle. I tried to grab the chair and just couldnt get to it I felt horrible. I place the child on the counter and looked at her toe when I applied pressure to the toenail the bruise would bleed out from the small cut and she would stop crying, she played and walked on it, so I didnt call mom, just made a report. When she got picked up I explained everything and showed them, well as the night went on she was nursing it quite a bit so mom took to the er and sure enough she had broken it. I had no idea since she played and walked on it. I knew it was sore from the bruise but really had no idea it was broke. Mom called to let me know, I never offered to pay for it but would have had they asked. They didnt ask if I had insurance either so it never crossed their minds, they knew it was a freak accident as is yours.

So my point after my novel is take a deep breath, its okay things happen about the money part you should listen to a lawyer, but if it was me I would pay the bill after their health insurance picked up their part, had my parents asked I would have paid the bill but thats just me feeling guilty that it happened on my watch.

And one more side note, the mom now laughs about the toe because she knows I cry whenever I think about it. Their is no bad feelings, nothing at all just know you are not alone.

[missnikki]

Might be a 'greenstick' fracture...kids have soft, malleable bones and they break/ fracture differently than brittle old bones. Think of twigs, that's probably where the name comes from.

Poor little guy, honest accident...I'm sorry this had to be the way to find out how to add that insurance to your policy.

I agree w/ pp, don't admit anything, don't offer anything...see what mom says first, and seek legal counsel if you think you are going to fight a battle.

[Cat Herder]

Any updates? Is everything ok??

[countrymom]

just curious, if mom noticed the no weight baring on the leg, why didn't she bring him in to the dr. I would be worried that something is wrong.

[SilverSabre25]

****s that this happened on your watch (and as a result of your child) and I really hope the baby is okay and the parents don't get really upset at you since it WAS an accident.

I do kind of wonder though, since he favored that leg anyway, if perhaps there was something that was slightly wrong with it already (undiagnosed birth trauma or something) that made it more likely to break under an impact like that. Not that it changes anything, but it is something I wonder.

[momofboys]

****s that this happened on your watch (and as a result of your child) and I really hope the baby is okay and the parents don't get really upset at you since it WAS an accident.

I do kind of wonder though, since he favored that leg anyway, if perhaps there was something that was slightly wrong with it already (undiagnosed birth trauma or something) that made it more likely to break under an impact like that. Not that it changes anything, but it is something I wonder.

ITA w/this. I think there was a problem prior to the break that possibly made the break easier to happen.

[Crystal]

Any updates?

[Michael]

I just read the beginning of this thread. I am no lawyer and this is just my opinion. I would worry that if you assume liability, AND this child had a prior condition with that leg, it could be a long term issue for you. I would ask your lawyer friend again on this point.

[momatheart]

i'm not licensed, so my insurance covers my dck's or anyone else who is injured in my home or on my property

if you are licensed i would suggest calling your licensor (sp?), explaining the situation...

the boys leg was not broken before your child fell on him, "favoring" and breaking the largest bone in the body are way, way different. It was just an accident, don't beat yourself up over it, but ignore this lawyer friend of yours, this isn't going to be an outrageous million dollar case, write up paperwork that states what happened, what the bill was, pay the parents out of pocket costs, state that cashing your check for the medical costs is the parents acceptance that issue is final, and they can no longer seek any further monetary gains from the incident. Sign and notarize, have parents do the same, and that should be the end of it

Great advice!

[nannyde]

I just read the beginning of this thread. I am no lawyer and this is just my opinion. I would worry that if you assume liability, AND this child had a prior condition with that leg, it could be a long term issue for you. I would ask your lawyer friend again on this point.

I agree with this.

It's not just the parents co-pay that needs to be considered. The insurance company can sue you too. If you accept liability for one portion, it may put you at risk for the other portion.

[Unregistered]

I'm a registered user and logged out to protect my privacy.

So my question to you guys is what do I do??? Has anyone ever experienced something like this? I called my lawyer friend who specializes in accidents and he said DO NOT assume liability and DO NOT offer anything.... If she's going to sue she's going to sue. I figured I could help pay medical bills and/ or offer free childcare, but who's to say that this preemie didn't have prior issues since he hardly ever used that leg anyways and my child just added to it??

I'm so upset and didn't sleep last night. I have no idea what to do or how to handle this. Any advice that you can share would be greatly appreciated.

ok one it is your problem 110%. I only say ths becaus my son we though had cp because he never used one side f his body. We got him in therapy and is ding great. he is 16 months and still not walking. My son is behind like that little boy. His little leg is a totally diff issue. please take responsibilty

[MyAngels]

Great advice!

Sorry to say, but cillybean's advice was not correct. A parent cannot sign away their children's rights. As I said before, the OP should follow the advice of her attorney regarding accepting any liability in this situation. Because she does not have insurance, she needs to protect not only herself, but her family as well. Lawyers and insurance companies can, and will, go after any asset they can find if they are able to establish any liability at all. That includes all bank accounts, real estate, etc.

Hopefully this will never reach that point, and I doubt that it will, but if push comes to shove, she needs to protect not only herself but her family as well.

[QualiTcare]

i would love to hear what happened with this.