If my son hurt another child while playing in after care and the other child had to go to the dentist, am I liable or is the day care center?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my son hurt another child while playing in after care and the other child had to go to the dentist, am I liable or is the day care center?
My child is 6 and the other child is 6.
Asked on December 7, 2011 under Personal Injury, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You could be liable if your child deliberately injured the other child or was unreasonably careless--even by the standards of 6-year-olds--in causing the injury. That's because if you child is at fault under either of these standards, you, as the parent would be liable. You and your child would not be liable if your child did nothing wrong.
2) The day care center could be liable if they were negligent, or unreasonably careless, in how they supervised the children--e.g. let them roughhouse too much, engage in risky play, etc.
It is possible for both you and the daycare to be liable at the same time, if your child and the daycare were both at fault in their own ways.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.