Legal Question in Personal Injury in New York

my son attends day care from 8 am to 6 pm..he also attend special intergraded class...he had put an object for the first time n took him to the er n they removed the object..now this is the second time he put something inside his ear n has to do surgury to remove the object...the director of the school tells me that this happend to all the kids who attends the day care...n do surgury..is there any legal action that i can take?or anything else?


Asked on 9/08/10, 2:33 pm

3 Answers from Attorneys

Sherri Plotkin Rheingold Giuffra Ruffo & Plotkin LLP

How old is your son? You do potentially have a case against the day care for allowing small objects to be available that the children can put into their ears or mouths. Additionally, they should have enough staff on hand to make sure the children are not doing anything inappropriate with the toys. Sherri L. Plotkin, Esq. 212-687-6262

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Answered on 9/13/10, 2:41 pm

Schools, daycare centers, etc. have a legal responsibility to supervise their students, similar to the sort of supervision parents would provide. There may be a case here. Worth exploring. You can call to discuss. M. E. Zuller, 212-279-8833.

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Answered on 9/14/10, 8:23 am
Pasquale Calcagno Calcagno & Associates, PLLC

I am sorry for your terrible ordeal. The day care center has a legal obligation to supervise the children it is overseeing. I believe that you probably have a claim against them but I need more information. This is the type of claim that may fall into the negligent supervision subset of cases regarding personal injury lawsuits.

It is important that you hire an attorney that has experience in these types of cases. I, Pasquale Calcagno, Esq., have handled many of these cases in New York. Time is of the essence so please contact me for a free consultation at 1(800)WE-FIGHT.

You can also visit us at www.1800wefight.com for helpful information on your claim. We will fight for you!. No fee to us unless we win your case. I look forward to speaking with you.

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Answered on 9/19/10, 9:45 am


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