Would you sue?

@4cuteboys (4102)
United States
May 30, 2007 5:50pm CST
A friend had an 12 month old in the infant room at the daycare here. When it was breakfast they wheeled in the car with the food on top like usual. That morning, the 1 year old stuck his hand in the oatmeal bowl that was on top of the cart. Unfortunatly the oatmeal was burning hot and no one noticed for a few minutes and since Oatmeal was sticky, it burned his hand terribly. Her insurance provided from the work (she worked at the daycare) had some pretty big copays for the extensive medical bills and treatments he needed. Also she had to use leave that she accrued to take him to the appointments. I told her she needed to get them to pay the copays and reinstate her leave. She said she didnt want to rock the boat because she worked there. What would you do in this situation? How would you react? Would you sue, for at least the unreimbursed medical?
10 people like this
24 responses
@crazynurse (7489)
• United States
30 May 07
I would certainly ask the daycare to pay the copays and reinstante my leave. If they declined, I would definitely sue. The cart should have never been close enough to a child for a child to be able to put their hand in it! That, in my opinion, is negligence. Imagine if the child had pulled the oatmeal container over on him or the other children?! There could have been even more injury than there was!
1 person likes this
@4cuteboys (4102)
• United States
30 May 07
I totally agree! I was amazed she was just going to let it go, and he was back in that room a few days later.
1 person likes this
• United States
30 May 07
Yes, I think she needs to fight back on this. He was under the care of the DAYCARE PROVIDER at the time no matter if she works there or not. That is neglegance on the DAYCARE not HER! I would be highly irate and I think its wrong of the daycare to make her use leave for these appointments when it was neglegance on their part to begin with! I would definately try to get something out of it, take it to civil or find perhaps another daycare that is recommended better, look into finding another job and then suing the hell out of them. Any other parent would do it just because she works there shouldn't make a difference in how they handle the situation!
@Foxxee (3653)
• United States
31 May 07
I use to work in daycare and they are really, to be honest, whacked out! LOL! I was working with the 12 month olds. I was alone with 10 of them because my aid never showed up and I was over, I'm only suppose to have 6 to one. Well I fell, sprung my ankle and couldn't even walk and they told me that they needed me to stay and that they had nobody else to cover me. They got me a chair and expected me to sit there all day with 10 toddlers! They finally let me go home because a parent got upset and told them that she was calling the health department. I went to the doctors, they said I had to stay off my foot for about a week. It was bad and it got worse because I didn't sit in the chair like they wanted me to because I couldn't, I had to get up to feed them lunch and change them every hour. Then they had the nerve to get mad that I went to the doctors and then claimed that I fell at work. LOL! Let's just say, I left that place. But all daycares are like this. You never know until you work in one. I have many other horror stories, but I don't want to take up your discussion. LOL! mAYBE some other day though. LOL! Anyway, she could be right, they might get pissed at her and then slowly make her life he ll over all this, but she has to do what she has to do. I know what she means though about rocking the boat. First off, a 12 month old shouldn't be in an infant room. I know it happens though because they did that at the daycare I worked at when they were short a teacher. Ugh! I'm so glad I am out of the daycare scene.
@4cuteboys (4102)
• United States
31 May 07
I am glad to be out of it too. I worked at that same daycare for years, and when my son was 4, he fell and broke his tooth when I was at the playground with him after work. Since it was after hours I took him to the ER. They said it was okay and to get him into the dentist first thing the next day. So I called the dentist and got an appt at 10. They told me if I didnt come to work before his appt I was fired (i wanted to stay home with him) and at 940 i am walking out the door with my boy and the asst director stops me and says where do you think your going and i say um to the dentist?! and she says well you didnt finish all the jobs on the list and i said i could care less about the jobs, i'm taking my son to the dentist, and anways to make a long story short, i started telling her off outside in front of a bunch of people..lol. I dont understand why they think they own you just because you work there?! grr. feel free to hijack. LOL
@Modestah (11192)
• United States
1 Jun 07
wow, the oatmeal should never have left the kitchen area at such a temperature...the child should have been restrained from reaching the cart etc. yes, there should be compensation - with consideration as to how this is going to affect his hand years down the road.
@Thoroughrob (11748)
• United States
1 Jun 07
I think she should demand that they reimburse her and then if they refuse, contact a lawyer. I do not think it would ever get to court. They know that they were responsible. If it did go to court, I would sue for more, because of them not taking responsibility.
@KrisNY (7591)
• United States
31 May 07
I would certainly talk to a lawyer before I talked to them about paying the medical bills and reinstating the time off- I think she has a good case here- They were not watching him properly- Sure if he asn't hurt that badly- no harm no foul- but I imagine he had alot of pain- I would most certainly check it out- If she talks to them first she might not have a ground to sue later-
@kodie420 (872)
• Canada
31 May 07
Theres no question in my mind if one of my children would have gotten hurt like that I would have definitly sued because these people are suppose to be professionals and know what they are doing. I know where your friend comes from about rocking the boat but again like I said if it was one of my children that had gotten hurt I would have definiltey sued the daycare provider no matter if I would get fired or not.
@Signal20 (2281)
• United States
31 May 07
I'm not one to be sue happy, in fact most of those stories really make me cringe. But, sad as it sounds, it's probably best it happened that way as opposed to one of the kids actually eating the oatmeal that hot! I think the company should've volunteered to pay the copays and such, since they didn't she should go after them to pay that. Somebody should've tested the food temperature before bringing it in, and someone should've been watching the kid as well....I say screw the job, there's lots more out there like that. Yes, the unreimbursed medical is fine to sue for, but not a gazillion dollars like most Americans do lol...
@Blazing15 (333)
• United States
31 May 07
Wow I am surprised that the daycare doesn't pay for all of the medical expenses. I worked at a childcare center for 7 years and when an accident happened we had to call it in and fill out a sheet and the daycare paid for all the expenses because they got hurt while they were there. I would definately tell her to sit down and talk to the daycare and have them pay for the injury.
• United States
31 May 07
I say something is missing from the story. It may be something you don't even know about. I say this because,something is screaming they were wrong. If she is working there she can work anywhere. If She could care less about her child's hand. Then she can go back to work and move on. I would sue till the sun stopped shining. I worked in daycare centers. We had to watch those kids like cops on a steak out. There is something missing from the story.
• United States
31 May 07
Part of their job is to keep the child safe. They did not do so. She should at least talk to her boss and ask to be reimbursed. She should tell them if they don't then she will talk to a lawyer. She probably won't have to sue, sometimes just scaring people is enough.
• United States
31 May 07
Yes I would sue, that is just uncalled for in a day care, praise God the child diddnt pull this down in his face, in a room with one year olds some one needs to be there at all times, and why would you even wont your job back? rock the freakin boat - at least get the money for the medical, there are other day cares out there, I pray your friend makes the right choice and God Bless.
• Romania
31 May 07
Yes I would for sure.And your friend should go to a smalls claim to get ramburs,if they do not offer to take care of the bills...:D
@TerryZ (22083)
• United States
31 May 07
I dont think I would sue but I would make sure they pay the co pays and are willing to give her time off to take him to his doctors appointments. She should be paid for the days she takes him for his appoitment. And tell them they are lucky she doesnt sue.
@reinydawn (11649)
• United States
31 May 07
Before she does anything, she needs to first read her employee handbook regarding the care of her child at the facility. Second, she needs to read the contract that is used for all patrons. Some facilities offer insurance - at an additional cost - to cover events such as this. Find out what the policy is for this type of event and follow it. If they have a policy in writing that outlines the specifics and they have followed the policy, or they have no policy, then she will need to decide what she wants to do. Suing your employer will most likely mean loss of a job. If this is an isolated incident (accidents do happen even under the best of circumstances), it may be in everyone's best interest to leave it be. Is it worth losing your job over a couple bucks?
@castleghost (1304)
• United States
31 May 07
I think that she should ask to be reimbursed for the out of pocket costs that she incurred because of this incident. If they refuse then I would contact a lawyer to see how suing to be reimbursed. I definitely wouldn't have returned with my child to that daycare. Apparently they have incompetent people working around young children.
• United States
31 May 07
I am not the kind of person that is "sue happy" but in this case they were supposed to be watching her son. It is their responsibility to watch the children under their care and they did not. I understand accidents happen but that is just careless. A 1yo should never be able to reach hot things (I say that as my 13 month old just burned her fingers eating oatmeal because it wasn't as cool as I thought, lol, it was just a little too warm for her taste but she is eating it now). If I had been the owner of the daycare I would have stepped up and told her she could have all the time she needed to take care of her child and try to work out some kind of pay. It can be hard, especially if it is a small business, but they need to step up and show her they care about the employees and all the children. Definitely pay the copays. I can't believe no one noticed he was hurt. I just served oatmeal to my 1yo. I put cold milk in it and waited 10 minutes before giving it to her but it was still really warm and she screamed when she stuck her hand in it. It wasn't hot enough to burn her really but it startled her and she cried, sucked off the oatmeal on her fingers and then went on to finish eating it. That kid has to be screaming at the top of his lungs--how did no one notice?
• United States
31 May 07
She needs to do something because it is the responsibility of the daycare to not let the kids come near anything that might put them at harms way. Just because she is working there doesn't mean she has no right to sue or ask for an amount to cover the medical bill. What if along with her child, there was another one...definitely the parents of that other child will sue. The big question though was...who was around when this incident happened? That person got a big responsibility to watch out the kids and not let them get near the food tray.
@ozangel82 (754)
• Australia
31 May 07
I would not only have rocked the boat, i would have sunk it! there should have been safety precautions and just because she worked there didnt mean it was her fault! i think they definately should have paid for everything and also paid for her time away from work to attend doctors appointments
• United States
31 May 07
i would definitely sue. That was pure neglegence onthe part of the daycare. i knwo she is worried about her job, but COME ON! Isn't the well being of her child more important than some job?