Legal Question in Personal Injury in California

Grandson bit a kid during childcare now they want to sue

My todller (16 mo) bit a toddler (neighbor's 14 mo) on

the cheek after she hit him in the face at a unlicensed

family daycare (mother in law takes care of 3 family

members children). Now the parents want to sue claim

pain & suffering. Dycre has no insur or license.

Neighbor retained atty who's legal asst claims daycare

is violating penal code and insur code for not having

insurance. I could find no such law that insur is req'd.

HELP!


Asked on 8/25/03, 1:58 pm

5 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Grandson bit a kid during childcare now they want to sue

You indicate it was a family member taking care of kids. Was neighbor child also being cared for at this home? First, you should contact counsel for appointment. Second, a homeowner's policy might help cover family daycare svc. Need more info.800-685-6950

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Answered on 8/26/03, 11:30 am
Joseph Richardson Borton Petrini LLP

Re: Grandson bit a kid during childcare now they want to sue

I am fairly certain that, as a daycare, there are some regulations that need to be filed, as well as insurance requirements. My thought is, if litigation happens are you are sued by the other kid's parents, you should probably cross-complain against the day care center, if it can be shown that the day care supervision fell below the standard of care necessary with the number of kids, etc. Really, I'm not sure if either you or the other parents have good causes of action against each other. Things like this do happen in day care(physical contact between kids). The key will be whether the day care center is negligent. If that's the case, consider suing to indemnify against them if the other parents sue you.

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Answered on 8/25/03, 8:43 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Grandson bit a kid during childcare now they want to sue

Not certain about this area of law.

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Answered on 8/25/03, 10:10 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Grandson bit a kid during childcare now they want to sue

Already answered.

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Answered on 8/25/03, 10:11 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Grandson bit a kid during childcare now they want to sue

you might want to consider retaining your own attorney in this matter to pursue indemnity based on the negligence of the child care facility, if applicable, as well as prevent any possible "extornist" type demand letters being sent to you citing penal codes in trying to settle a civil dispute. if you would like a free case evaluation/consultation, feel free to email me directly with your contact information.

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Answered on 8/25/03, 10:13 pm


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