Legal Question in Insurance Law in North Carolina

Child injured at day care

My friend is the Day care supervisor for a local YMCA. While she was doing paperwork another staff member left the supervisors 1 yr old son unattended on a changing table.

The boy fell resulting in a broken collar bone. The insurance company told her to file it on her own insurance and the Ys insurance would cover what hers does not. Shouldn't the YMCA insurance cover it all? And yes, her son is allowed in there for two hrs. while she is working.


Asked on 11/11/06, 8:06 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Child injured at day care

This is a complicated question because there are different types of insurance. The Y may have some form of "first party" insurance such as "med pay" which would provide benefits to your friend and her son, probably regardless of the existence of other insurance. If the Y is liable for the injury (i.e. if the person attending the child was negligent and if that person were acting within his or her job duties), then the Y probably has "liability" insurance which would provide a source of recovery. If the Y is liable for this, then the child may be entitled to additional recovery. Your friend may want to consult an attorney.

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Answered on 11/11/06, 10:48 pm


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