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Asked 9/22/2010

Do I sue my son's preschool or accept their offer?

My son was injured in his preschool. He was hospitalized for 2 days and was diagnosed with closed head injury. I know there were some negligence from the school, First the accident happend at 11am and they called me at 3pm(4hours later) they said my son didnt show any symptoms after hitting his head on a shelf but when i picked him up at 5pm, 30mins later his started throwing up and feel sleepy...2nd, he was hurt because they said they were from the playground, my son was running going inside tripped on a cot which is in the way from the door (which its not even nap time yet),3rd they let him go to sleep after bumping his head, 4th when i wanted to see the video from the school, they said ok at first but the next day the owner called me and said for some reason their video wasnt working that day and didnt record that day!everyday it was recording except for the day my son had an accident! The school was offering me employment in the school + if i do work for them my son's tuition will be 50% off which from $720/month it'll be $360/month.. theyre offering me the same rate as with my current job at a different daycare. They dont know yet that I consulted a lawyer and lawyer said that we have a really good case. Im having a dilema whether to pursue with legal actions or just accept the school's offer?i really like the school and staff, it just that sadly this happend...my son didnt have any brain damages or wont need any head surgery,just need to rest...pls help me!

 
 
 
 
Answers

Answer 1/4 - Submitted 9/22/2010

It all sounds fishy? If they would have called when it happened it would of been better. The not showing of the tape is strange also. Thats not a very good offer with what happened. In my area if you work at the school your child goes for free hurt or not. If you really believe that their may have been file play, go ahead with the suit not for the money but for the rest of the kids there!

 
 

Answer 2/4 - Submitted 9/22/2010

How can you really like the school and staff? As you said 'he didn't suffer any brain damage!' What if he or another child did suffer brain damage? The staff seems inept at dealing with children and actually not a safe environment for your child.

Proceed with the lawsuit. For the interim seek another daycare. Do your homework, compare prices and visit numerous daycares during the day to assess the care of the staff.

There is no monetary settlement which can replace your child.

 
 

Answer 3/4 - Submitted 9/22/2010

How i wish that here in vegas if u work in a day care your kids goes in for free....but the most u can get is 50% off tuition...i work in a daycare as a lead teacher and cant even get a 10% discount for my sons childcare!if i can maybe get a discount in my work,this could have been an easier decision for me...

 
 

Answer 4/4 - Submitted 12/27/2010

I suspect that you are feeling uncomforatble because you work in the field and so you know that accidents to happen even when everyone is doing everything right. The questions that must be answered about your son's school are:
*whether or not proper safety precautions are in place,
*whether proper safety procedures are being followed,
*whether proper actions are taken in the event of an accident
It does not sound like any of these things are true, so follow up to make sure that the children enrolled there are safe is the right thing to do.

Thankfully your son is ok. I do not believe in suing people just to get money, however if negligence has occurred, then a lawsuit is something you should consider. At the very least, all of his medical costs should be reimbursed, and there should be some kind of insurance in place to cover any future medical costs that could result from this injury, just in case. The program clearly did not handle your son's accident properly, and there are a lot of discrepencies in their stories. There should be an invesitgation to make sure that the children are safe. If you have not already done so, be sure to make a report to the licensor.

It doesn't matter how nice the people are if the children aren't safe. I don't recommend leaving your son in that environment until an investigation can be completed.

 
 
 
 
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