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If my child was injured at a cay care center, is the day care center responsible for the medical bills?

Question Details:My 5 year-old son was playing tag with friends at day care and ran straight into a metal gymnastic bar on the playground. He hit it so hard that it knocked 4 of his front teeth loose. I had to take him to an emergency dental clinic where they removed one top tooth, stabilized the other top tooth, and grinded down the bottom 2 teeth. My part of the bill was $250, after our dental insurance paid their part! Is the day care center responsible for this bill since it happened while he was in their care?

Asked 2 years ago under Personal Injury | 1190 Views | More Legal Topics

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Norman Gregory Fernandez | Law Offices of Norman Gregory Fernandez Answered 2 years ago | None Contributor with 0 answers This Chatsworth, CA attorney is licensed in California

The day care center may be liable. Give me a call at 800-816-1529 x. 1 for a free consultation. My firm handles personal injury cases all over the State of California.

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S.L,. Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

The day care center may be liable for negligence for not adequately supervising your son.  The day care center's liability would include the dental bills whether or not the bills were paid by your dental insurance.  The medical report(s) documenting the nature and extent of your son's injury will determine the amount of compensation for pain and suffering your son receives.  Compensation for pain and suffering is an amount in addition to the medical bills.   If settlement offers from the insurance carrier for the day care center are inadequate, you could sue the day care center for negligence. 

Since your son is a minor, you would be appointed guardian ad litem as his representative on the claim.  The insurance carrier for the day care center may have forms for you to complete designating you guardian ad litem. 

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