Legal Question in Personal Injury in North Carolina
child care negligence
5 year old fell from second story railing and broke wrist while in after school care (was allowed to sit on railing and fell back trying to jump down) Incurred emergency room co-pay, weekly orthopedic co-pay and time lost from work. What is the day care's liability?
1 Answer from Attorneys
Re: child care negligence
If the day care was negligent in allowing or causing this to happen, then you (and your child) have a claim against the day care for the medical expenses and the pain to your child and any permanent injury. (The fact that you have health insurance is irrelevant.) The largest issue would be whether the day care workers knew that your child was on the railing, or whether they negligently allowed him to get to the railing. Your lost time from work is probably recoverable too, but this is less clear.
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