Legal Question in Personal Injury in Maryland

It all depends on the circumstances. However, at the minimum, the provider should have contacted its insurance provider. You may be able to handle it through the insurance company without filing a lawsuit.

Although you don't need an attorney to negotiate a settlement, you should think about doing it.

If the daycare provider failed to adequately supervise your child and as a result this incident happened, you would have a claim. However, the mere fact that your child was injured does not make the provider responsible. There may be industry standards for the day care industry that would shed some light on the appropriate age for a child to be on a swing set, and also for what kind of supervision is mandated for this type of activity.