Can i sue my daughters nursery? She came home from nursery and another child has bit her and left a bad bruise

Question:she has a bad bruise on her arm and the girl bit her so hard it pierced her skin slightly.




Answers:
I betcha most of the people who answered this don't even have a kid. If my daughter came home in that condition, I'd be furious. I wouldn't sue, but I'd take some kind of action. And for those of you who advised this asker to take HER child out of daycare, are you NUTS? I say take the BITER OUT OF DAYCARE. Why should the victim by removed? Jeesuss.

Most kids DO NOT BITE, and those that do should be dealt with.

I repeat, MOST KIDS DO NOT BITE, for those of you who followed this message. They are not puppies. AND when puppies bite, they are punished.
No you can't sue them. But you might ask a few questions about their staffing levels.
If you sue them you'd soon be moaning that they have no money for new toys, improvements or any other item.
People need to stop sueing for ridiculous reasons.
Your daughter is fine.
She has a bruise, the other child should be told off, but she is clearly not going to have any psychological damage.
Speak to the nursery.
But for God's sake do not sue, if you want money so much go fall over some paving slabs. Sue the government, they have nothing better to do.
You should check your agreement with the nursary. Alot of times they have a disclosure about not being responsible for any injuries. The best thing, I think is to call a laywer. They will give you free advise over the phone. If your daughter is fine and has no medical bills I wouldn't sue. Sueing causes prices to go up and isn't always worth it!
Compensation culture again, when will it ever stop.
Yes. You could attempt a lawsuit against the Nursery. However, you would have to find a lawyer who would be willing to take the case. Keep in mind that you are going to run into problems like this when you have children and you just simply cannot file a lawsuit everytime something happens.

If I were in your shoes I would save the money on the legal fees and call the nursery with your concerns. Kids are going to be kids and as much as we do not want to see our children hurt we cannot protect them all the time.

Now if this was a case where your child was being hit several times a day by a child that may be a bit different. But a bite can happen VERY quickly so even if the nursery workers responded right away then it still would have been as bad.

I hope this information helps and that she feels better now. Have a good weekend.
Kids are kids. Stuff like that is bound to happen. Technically though it is possible to sue but you'd have such little chance of winning at all since you'd have to build up so much evidence and the case would look like child's play itself to almost everyone involved, your side and also the suit itself wouldn't be taken seriously at all.
No at a nursery you know she's going to come into contact with other children and their behaviour can't be predicted.
The only way to avoid this is to send her to a one to one child minder.
yes along with a law suit against the parents of the other child.
such a great example of why america is going to potts..right away lets sue and see how much money we can get...does that make your daughter any safer or feel better?...in a situation with a bunch of kids anything like that can happen at any time..how is this the fault of the nursery??..it only takes a second for one child to bite another..this will happen with kids..are you going to sue the school also when your child gets into a fight to??...tend to your child and make sure they are ok and ask the nursery how they handle this..will they mention it to the other parent to work on at home with there kid.
kids will be kids, if you can't deal with it keep her home. why is it everyone tries to get undeserved money? get a grip!
I would just report it to the department that regulates child care centers in your area. You can take her to the doctor to get documentation of her injuries and to get reassurance that she will be okay. Take pictures of the injury. The center should take the necessary steps to make sure this does not happen again. I fit does they could face some type of action. I hope she is okay.
for god sake get a life!
kids do stuff like that 2 each other its not the nurseries fault. anyway it will tuffen up ur daughter, u cant rap her i cotten wool wat u gonna do when she at school sue every child that calls her names!
You could yes...should you...NO
give it a break...sue happy people.. meh makes me sick.
What are you going to do if a tornado hits your house sue the weather?
Get a life
If you sue the nursery and win, more than likely they will have to close the business. You might be set for a while but think of all the familes that you will have ruined; All the children who will have to be placed elsewhere; all the parents who will lose time from work; and how about the poor owner who has worked so hard to run this place and will suddenly have nothing. It is an incedibly selfish thought. Not to mention, how is it the daycare's fault? What could they have done different to prevent this? Put mussles on all children under age 5? Perhaps put them in separate crates? Kids will be kids. Unfortunately not all kids are raised the same way. So your child had a run in with a biter, i wuod venture to say your son isn't perfect either so you shouldnt be so quick to judge.
Here we go again, people wanting easy money !
Children have to grow up and part of that is being naughty from time to time. The little girl must be taught that it is wrong to bite, but your little girl will have a lot worse than that happen to her while she is growing up. It's all part and parcel of life. The only thing suing will help is not your little girl but your back pocket !
you could have a word with the cab but i would think you are being a bit hard on the nursery staff kid do things like this i know you are made about what's happened i would be to . ask your self is this the first tI'me your daughter as been hurt . kids are a hand full im a dad and we can't watch them every second of the day . nursery staff are people just like us just doing there job . tell them that you are unhappy about what's happened and ask them to keep there eye on the one that did it . like i said i understand you are made with them . good luck
get real, it's just part of growing up. stop being greedy & using your grand daughter to make money for yourself. you should be ashamed of yourself
You can but it would be a wait of time and money! Kids will be Kids ! Are you going to sue every time your child gets hurt ? The nursery people in charge could have been looking right at them when this happened and it can happen so fast there is nothing they could have done to prevent it ! You would have to sue the child ! Get the picture!! I'm sorry your little one got hurt but I'm sure it won't be the last time!! The child that hurt your daughter may have to be removed from the nursery if she or he is a danger to the other children in their care! LOL
I think kids who bite other kids are mentals and should be getting treatment! but the only thing you can do is talk about this at the nursery.
If the people were paying close attention to the children these would have been avoided. Were you given an incident report the day that this happened? It is serious if it broke the skin. I don't know what state you live in but there is a phone # (Daycare Finders or Social Service) where you can call and report this.
Ask what happened immediately before your child was bitten. Your child might have come up with something really creative that *didn't* leave marks, but was just as painful. I know your child would never do such a thing, you know your child would never do such a thing...

Your child did not get that memo, though.

This doesn't justify retaliation, of course. It just explains it.

Most children - and most adults - need to be provoked before they'll bite someone that hard. And anyone younger than four is too smart to say 'they looked at me', and believe that constitutes adequate provocation.

There are exceptions - they're called 'cobras' by people who study them, and they can be spotted by taking their pulse while they watch a scary movie. Most of us, our heartrate increases during the scary bits - theirs goes down, because they find violence soothing. Cobras are cobras at four years old - but your nursery's staff should be capable of spotting that and dealing.

CCTV footage has been studied at great lengths by psych students - physical violence is usually preceded by at least three verbal exchanges of escalating rudeness.

If they told you the name of the child who bit your child, then you and the other child's parents are entitled to sue jointly, but you *have* to present the same story in court. It's a data protection/ child protection thing - they're allowed to tell you the details of what happened, but no names, for entirely sensible and obvious reasons.

Helen
is she permanently disfigured?? if not you can get dr. visit paid for by the parents but it would be silly to go after the daycare. of course the way our court system works they'd give you 10 million and put all those people out of a job.
No i don't think u can sue,speak to the teachers and tell them to inform the other child's parents what as happen,hopefully it wont happen again .
Is this the first time this had happened or a reoccuring situation? And were you happy with how the setting dealt with it eg: did they tell you the details, give appropriate treatment and medical aid etc.

If you have a complaint wth the nursery there are other options:
a) ask to see their complaints policy
b) Contact OFSTED (www.ofsted.gov.uk)
c) have a meeting with manager to discuss your concerns.

Sueing can cost you a lot of money and theres no guaratee you'll win esp if its a one off!
I'm a preschool teacher and I don't think you should sue the school. In this case you should better talk to the teacher first. If you want you could also have a meeting with the teacher and the other kid's parents. Accidents happen in a blink of eyes so unless your kid doesn't have these bites or bruises every single day then you shouldn't make that big of a deal. Talk to the teacher first and then go from there.
As a preschool teacher,we have a policy where if anything happens to any child,the parents are informed of what happened & the full incident. The school should by all rights have told you what had happened & they could have prevented the bruise from happening. I am not sure about the sueing part.
it would be pointless to sue but the child who bit her should get some kind of suitable punishment and be kept away from your daughter in future says my 9 year old daughter
Kids do bite each other at a certain age. I would look for the school to take precautions in the future, now that they know this has happened. Its hard to predict which kid is going to do what when until something happens. I hope knowing that it is very common for children to go through a biting phase helps you not feel too upset about it. that said, if it happens again by the same child, you may want to ask to have your child and that child separated as much as possible until the biter grows out of it. Its usually a short phase for kids.
Biting is pretty normal for young kids. What is more important than suing is finding out what is being done to help the biter not bite again and if there were the proper number of adults and kids in the room. If the skin was broken the injury should have been washed off with soap and water and appropriate first aid measures taken, and you should have been notified.
Because biting is so common I doubt if you could win a suit. I'd focus more on ensuring your child's safety.
all children do this... no matter what you do it happens! think about if your child bit another child would you like them to sue you? as that it is what it would come down to, as the nursery will not be liable for this type of thing, it is a common occurance that it bounds to happen!!

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