Whose Fault?
A DCM was carrying her 3 year old down the stairs in my daycare. She either tripped or lost her balance and fell down the stairs. She hurt her ankle, although I dont think she broke it or sprained it because she was still able to put weight on it and it didnt swell or turn blue, she was going to go have it checked out anyway.
It got me thinking, since this is her negligence by carrying her child down the stairs when the child was able to walk themselves, would I be responsible if her ankle is broken? Now i feel like I need a policy about carrying your child down the stairs :mad: otherwise she either would not have tripped or she would have held on to the railing.. |
Originally Posted by MomBoss: I believe there is a great thread on something similar in the archives...i will see if I can find it. I think I read on here that some providers specifically do not let parents do stairs for this reason. The provider takes the child up and down to prevent injury on their property. |
She knows it was her fault she fell so i dont think she would ask me to pay her medical expenses..shes really young so she may not even know that she can ask..but its just crazy that we have to remind adults to be careful. I almost dont want them entering my house now!
|
https://www.daycare.com/forum/showth...ghlight=Stairs
Check out nannyde's post...#31...it is specific to your situation. Darn parents can be more clumsy than the kids!:) |
Originally Posted by MomBoss: It's YOUR responsibility but it's DCM's fault. It happened on your property so unfortunately you are liable. It's the price we pay for opening our homes/property to clients for business. Its her fault she choose to carry her child and even if you had a rule that she couldn't carry her, the liability still falls on you. :( |
Originally Posted by Blackcat31: |
Originally Posted by MomBoss: I am wondering if you shouldn't maybe consider just shooting a quick head's up e-mail to your licensor just to CYA. kwim? I'm sorry this happened to you... :hug: I would consider implementing a new rule that parents can step into your home but you will bring their child TO them upon pick up/drop off etc. |
If she DID come after me for medical costs, i would have to consider her a future liability and idk if I would want to provide care anymore...
To ask someone to pay for your medical bills resulting in an injury you caused on yourself..rubs me the wrong way. |
Originally Posted by MomBoss: Hope she does the right thing and assumes responsibility for her own actions. :hug: |
Originally Posted by MomBoss: |
Originally Posted by nannyde: |
Originally Posted by MyAngels: Ice is one thing, but falling down the stairs because your clumsy, my insurance may not think its my fault either. I was doing some research and if there is no negligence on my part the insurance could refuse to pay the claim. I got hurt at a job once and needed chiropractic care, never mentioned it was from the job and they just treated me and my insurance covered it. |
Sorry this happened to you.
In my program parents walk their children in but I dismiss outside. I will add my clients all except one are SAHMs/WAHMs so they are not rushing off to work, I find they are more attentive in the mornings at drop off than at pick up but I am not sure my experience would be the same if my clients were all working moms. |
Do you have liability insurance or just your home owners?
I totally understand where you are coming from and I agree that the parent made a bad choice but ultimately no matter how you slice it, it happened on your property. Even if your insurance thinks it was the dumb action on the parent's part, it does not negate the legality of it. Parents fault, but YOUR property. The DCM may never say where it occurred and if not, cool....but if she does liability falls on you. Having liability insurance would help offset the financial liability on your end. |
Originally Posted by Blackcat31: This whole thing is stressing me out. She dropped off at 7:30am and I havent heard from her, she told me she would let me know, so if she went to urgent care she would have some answer by now. Maybe she didnt go. Honestly if she was able to walk out of here (back up the stairs) i cant imagine it be broken. |
Also, if the doctor asks how it happened, she is probably going to let him know. Then it will go into the report which will go to the insurance. So even if she says nothing to the insurance company, they will have the record from the doctors office and then they will go to your insurance to pay.
|
My regular home insurance covers me for $1 million if someone (anyone on my property) gets injured on my property. We don’t pay for healthcare in Canada so it would only be paid out if I was sued or if medical expenses incurred outside of regular medical attention. My daycare insurance covers more and covers things like accidental death etc. A bit more in-depth for possible civil suits.
|
Email a heads up to your licensar.
Consider adding a paragraph about not carrying children up/down the stairs if they're capable. Does your homeowners cover your daycare? Mine does not. She could sue- she could ask you to repay her, and in either case, I would let her go. |
Originally Posted by daycarediva: |
I wouldn't stress too much about this. It may very well come to nothing, but you have insurance to cover you in cases like this and it sounds like you were not negligent in any way.
|
Originally Posted by mommyneedsadayoff: |
Any updates? Has she (DCM) said anything at all?
How is she doing? |
Originally Posted by Blackcat31: |
Originally Posted by Annalee: I had a similar situation...DCM walking on the newly made sidewalk (sides of sidewalk a bit above the surface of the grass around it on both sides). DCM was talking on her cell phone and wearing fairly high heeled sandals. She slipped right off the edge and rolled her ankle. Immediately started talking about insurance (did I have any etc) and making a claim :rolleyes:..... So I invited her inside at pick up and had her watch the video footage of how it happened. She apologized immediately and I never heard another word about the incident. So YES! Another vote for documentation, clear policies and enforcing safety rules. likethis |
Originally Posted by Blackcat31: I know they personally wont come after me, and she didnt mention needing my info for the Dr or that she gave my info out. I think everything will be fine. |
Originally Posted by Blackcat31: |
Originally Posted by Blackcat31: |
Originally Posted by MomBoss: Now you can breath a sigh of relief and enjoy the weekend! |
All times are GMT -7. The time now is 09:10 AM. |