Breaching Contract Due To Safety Concerns

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    Breaching Contract Due To Safety Concerns

    my child is being scratched and nipped at daycare. i asked the provider to isolate the dog from the children; she refuses. i pulled my child out and she demanded two weeks pay. i said no due to safety concerns. do i have the right to breach the contract on these grounds?
  • laundrymom
    Advanced Daycare.com Member
    • Nov 2010
    • 4177

    #2
    Originally posted by Unregistered
    my child is being scratched and nipped at daycare. i asked the provider to isolate the dog from the children; she refuses. i pulled my child out and she demanded two weeks pay. i said no due to safety concerns. do i have the right to breach the contract on these grounds?
    Her dog bit? Did you file a report?

    Comment

    • maddad
      New Daycare.com Member
      • Sep 2015
      • 1

      #3
      not reported yet. this provider is an in-home provider with a total of 6 kids. i have pics and admission of scratches and nips; but she blames my 16 month old.

      Comment

      • laundrymom
        Advanced Daycare.com Member
        • Nov 2010
        • 4177

        #4
        I do t know why the kind of provider or how many kids she has had any weight on it. If I were you I would have reported the first bite. Has the dog been vaccinated? Have you seen the records? Has he been secluded? If a provider is allowing a child to be bitten that is wrong. Period.

        Comment

        • Blackcat31
          • Oct 2010
          • 36124

          #5
          Originally posted by maddad
          not reported yet. this provider is an in-home provider with a total of 6 kids. i have pics and admission of scratches and nips; but she blames my 16 month old.
          There is NOT a court of law in the world that could force me to keep my child in a situation I do not feel is safe......


          However, what state are you in and do you know what the regulations (if any) are in regards to pets in care?

          I would never risk it but I certainly would NEVER blame a child for a dogs behavior when its MY job as the provider to ensure the safety of the children in care and if I felt the child was harmful or dangerous to the dog I would remove the dog or term the child but I wouldn't blame it on the child....

          My advice is to report this immediately (if you share the state, we can probably help you with the contact info person if you don't know it) and send her (the provider) written notice that you do not intend to pay the final two weeks of care.

          I am sure it would be easier to just pay the two weeks and call it good but this kind of thing really irritates me for personal reasons so as a parent I would not pay. I would report it to the licensor though and report that you have no intention of paying. I would invite the provider to sue me in small claims court before I ever willingly paid her a dime.

          Comment

          • Heidi
            Daycare.com Member
            • Sep 2011
            • 7121

            #6
            Originally posted by Blackcat31
            There is NOT a court of law in the world that could force me to keep my child in a situation I do not feel is safe......


            However, what state are you in and do you know what the regulations (if any) are in regards to pets in care?

            I would never risk it but I certainly would NEVER blame a child for a dogs behavior when its MY job as the provider to ensure the safety of the children in care and if I felt the child was harmful or dangerous to the dog I would remove the dog or term the child but I wouldn't blame it on the child....

            My advice is to report this immediately (if you share the state, we can probably help you with the contact info person if you don't know it) and send her (the provider) written notice that you do not intend to pay the final two weeks of care.

            I am sure it would be easier to just pay the two weeks and call it good but this kind of thing really irritates me for personal reasons so as a parent I would not pay. I would report it to the licensor though and report that you have no intention of paying. I would invite the provider to sue me in small claims court before I ever willingly paid her a dime.
            I agree with this..

            I'd almost always naturally side with a provider and tell you to pay, but this is an absolute exception. If you refuse, the worst she can do is take you to small claims court, and I think she'd have a hard time getting a judge to say that it's reasonable for you to continue taking your child to someone unsafe.

            I'd keep any evidence (texts, notes) just in case.

            Comment

            • daycare
              Advanced Daycare.com *********
              • Feb 2011
              • 16259

              #7
              I agree with BC and Heidi.

              No way would I take my child back to a place that I did not feel they would be kept safe.

              can I ask for how long your child attended with these marks?

              Comment

              • Thriftylady
                Daycare.com Member
                • Aug 2014
                • 5884

                #8
                I would not take my child back either. When did the bite happen? If it was in the last day or two I would contact animal control. While some dogs don't do well with young children, it is up to the provider to know that and to keep the dog separate. She can take you to court to get the two weeks, not sure if she will win, but many judges wouldn't give it to her I don't think based on the dog issue.

                Comment

                • spedmommy4
                  Daycare.com Member
                  • Mar 2015
                  • 935

                  #9
                  I wholeheartedly agree with the previous posters. I have three dogs. My youngest dog is Yorkie puppy and she is the only one allowed to be around the kids. None of the dogs would be allowed near any child if they nipped, growled, or scratched. A very important part of a provider's job is to keep the kids safe. If she refused to do that, I would be very surprised if a judge held you responsible for a two week notice period. I also think you should file a report with licensing. Your little one may not be the only one getting injured by the animals.

                  Comment

                  • nannyde
                    All powerful, all knowing daycare whisperer
                    • Mar 2010
                    • 7320

                    #10
                    What do you mean by "nips"?
                    http://www.amazon.com/Daycare-Whispe...=doing+daycare

                    Comment

                    • Febby
                      Daycare.com Member
                      • Jun 2014
                      • 478

                      #11
                      Originally posted by nannyde
                      What do you mean by "nips"?
                      I have the same question.

                      If there are safety issues, report to licensing. Most states would require a provider with six children to be registered or certified or licensed.

                      Comment

                      • littletots
                        Advanced Daycare.com Member
                        • Jul 2015
                        • 372

                        #12
                        My licensed doesn't allow dogs, cats, reptiles, birds to interact with dck. Can't have dog/cat water or food bowls, toys, blankets, cat litter box on the floor where dck can grab them. But I realize not all providers are under same guidelines. I would file a report and let your provider know you have and you will no longer need her care. She'll get the hint you are not going to pay.

                        Update please. I'd be interested to hear what your county does next.

                        Comment

                        • spedmommy4
                          Daycare.com Member
                          • Mar 2015
                          • 935

                          #13
                          Originally posted by nannyde
                          What do you mean by "nips"?
                          I could be wrong, but I interpreted it as a bite that doesn't break the skin. I have a Yorkie puppy and she only nips my daughter. My daughter likes to pester the dog until she gets the "warning nip." My dog doesn't leave a mark with her nips because she's still young but I have seen some "nips" that leave nasty marks.

                          Comment

                          • spedmommy4
                            Daycare.com Member
                            • Mar 2015
                            • 935

                            #14
                            Originally posted by littletots
                            My licensed doesn't allow dogs, cats, reptiles, birds to interact with dck. Can't have dog/cat water or food bowls, toys, blankets, cat litter box on the floor where dck can grab them. But I realize not all providers are under same guidelines. I would file a report and let your provider know you have and you will no longer need her care. She'll get the hint you are not going to pay.

                            Update please. I'd be interested to hear what your county does next.
                            That's terrible! The kids who come here love my pets. I think I would turn in my license if California ever passed that law.

                            Comment

                            • Blackcat31
                              • Oct 2010
                              • 36124

                              #15
                              Originally posted by spedmommy4
                              I could be wrong, but I interpreted it as a bite that doesn't break the skin. I have a Yorkie puppy and she only nips my daughter. My daughter likes to pester the dog until she gets the "warning nip." My dog doesn't leave a mark with her nips because she's still young but I have seen some "nips" that leave nasty marks.
                              I agree with that definition of a nip but ANY dog that felt the need to "nip" as a warning that they feel threatened in some way or nipping as a playful gesture is dangerous. Neither is acceptable in my opinion.

                              Also wondering what type of dog this is. A nip from a Yorkie is a lot different than a nip from a German Sheperd. I still think both are equally dangerous to a child but am curious about the breed/size/type.


                              Originally posted by spedmommy4
                              That's terrible! The kids who come here love my pets. I think I would turn in my license if California ever passed that law.
                              I would never allow my pets in my child care.
                              Not only for the kids' safety but for my pets as well.

                              Kids and pets usually mix great when they belong to the same family but I dont think ANY state should allow DCKs and pets to mix.

                              There are way too many risks and I think the risks far outweigh any possible benefits.

                              The provider's refusal to keep the dog separated from the child baffles me.
                              If the child is at fault (like the provider says) then why wouldn't she want to protect her pet?
                              If the pet is at fault, why wouldn't she want to keep her DCK safe?

                              Comment

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