Legal Question in Personal Injury in Georgia

Son's penis bitten at licensed daycare by fellow student

Date of incident: last week (approx Thursday)

Parties involved: Daycare, My son (3 years old), Boy A (4 year old classmate)

My son complained of his ''pee-pee'' hurting. When I asked him what happened, he stated that ''Boy A'' licked and bit his pee-pee in the bathroom at school. When asked if he told anyone, he mentioned 2 teachers names and said that he was crying and told them of the incident.

I examined my son's penis and it was swollen and there was a cut in his penis which matched the pattern of a line of teeth.

I have taken him to the doctor, he is going to a psychiatrist as recommended by my doctor and child protective services. CPS has also interviewed me and my son and believe that the incident occured and they are now investigating the school.

He is no longer attending this daycare and I have called the police and filed an incident report.

My question is what are my rights in holding the school responsible for being negligent, and how difficult would a case like this be to prove with the evidence presented but the young age of the children?


Asked on 4/27/06, 11:04 am

2 Answers from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Son's penis bitten at licensed daycare by fellow student

First, I am so sorry that this happened to your son!

You should speak with an attorney as soon as you can about this matter. He or she will work with the police investigators, the assistant DA (if a case is brought against the daycare) and the psychologist to try to gather as much information as possible. Without knowing all of the details, there may be several causes of action against the daycare.

Feel free to contact me if you have additional questions.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 4/27/06, 11:13 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Son's penis bitten at licensed daycare by fellow student

It is impossible to give you reliable advice in this type of format without having more information. You should consult with a local attorney who can call the cops and the prosecutor.

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Answered on 5/05/06, 4:56 pm


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