Legal Question in Personal Injury in Minnesota
2 year old injured nose at daycare
On Tuesday, November 7, 2000. my husband picked our son up from daycare and noticed his nose was swollen and it looked flattened and disfigured. Immediately, he questioned his teacher and she explained that she did not witness the accident, but another teacher did and could explain what actually happened. My husband questioned this teacher and she explained that while my son was looking out of the window with another child somehow he fell and hit the bridge of his nose on the window ceil. She explained that they tried to put ice on it but my 2 year old son would not let them so they left it alone. My whole concern is that they cannot verify what time this actually happened and his teacher never bothered to contact us about this serious type of injury. My husband and I took our son to see a Doctor that night and the Dr. did say that it's swollen right now and there's a possibility that it could be broken, but we will have to wait 3-6 weeks to see how it heals. My question is - Can my son's daycare be liable if my son's nose is permanently damaged or disfigured from this fall.
2 Answers from Attorneys
Re: 2 year old injured nose at daycare
If you can demonstrate that the daycare was negligent in some way---providing an active that is dangferous, failing to control the children, inattentive-- you may bring a lawsuit for negliegence where you are likely to recover any medical costs plus damages for any scarring or disfigurement.
Re: 2 year old injured nose at daycare
You may have a claim on behalf of your son if it can be established that the daycare center was negligent in the supervision and care of your son. Why were the kids allowed to look out the window? Are there policy manuals that dictate the schedule of activities during the day?
Another issue you should look into is whether the daycare center insurance policy has a "Med-Pay" provision. If so, this provision requires them to pay for your son's medical expenses (to the limit of the policy provision) without regard to whether the daycare was at fault for your son's injury.
This case should be investigated promptly. Witness memories fade in a very short period of time. Statements should be taken from all who witnessed the incident. This may lead to other witnesses you did not know of initially.
Finally, the Statute of Limitations for general negligence in Minnesota is 6 years from the date of injury. If you are going to make a claim, you must do so by serving a Summons & Complaint prior to the end of the six year period. There are exceptions that lengthen the time for minors. If you decide to proceed with the case, you should call an attorney, who will explain the exception to you.
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