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  #1  
Old 02-01-2018, 07:48 AM
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Default 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 otherwise she either would not have tripped or she would have held on to the railing..
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Old 02-01-2018, 07:56 AM
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Originally Posted by MomBoss View Post
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 otherwise she either would not have tripped or she would have held on to the railing..
If she is on your property, then I think you could potentially be liable. That is what insurance is for since you have the "public" in your home for business purposes. Hopefully someone can give you a better answer, but may have to cover medical expenses.

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.
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Old 02-01-2018, 08:01 AM
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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!
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Old 02-01-2018, 08:02 AM
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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!
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Old 02-01-2018, 08:04 AM
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Originally Posted by MomBoss View Post
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 otherwise she either would not have tripped or she would have held on to the railing..

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.
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Old 02-01-2018, 08:06 AM
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Originally Posted by Blackcat31 View Post
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.
Well lets hope its not broken then! Ugh
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Old 02-01-2018, 08:09 AM
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Well lets hope its not broken then! Ugh
I am not sure of parents but I do know that if you have any type of injury that happens on your property that requires medical attention that we have to notify licensing.

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...

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.
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Old 02-01-2018, 08:24 AM
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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.
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Old 02-01-2018, 08:26 AM
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Originally Posted by MomBoss View Post
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.
Imagine the anger of people sued by the intruders injured breaking into their houses.

Hope she does the right thing and assumes responsibility for her own actions.
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Old 02-01-2018, 09:06 AM
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Quote:
Originally Posted by MomBoss View Post
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.
It may be her insurance company not her.
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Old 02-01-2018, 09:15 AM
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Originally Posted by nannyde View Post
It may be her insurance company not her.
This is what I was thinking, too. My DD fell on the ice recently at her apartment complex and required emergency medical treatment for it. The insurance company has indicated that they will be pursuing payment from the apartment complex owner.
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Old 02-01-2018, 09:19 AM
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This is what I was thinking, too. My DD fell on the ice recently at her apartment complex and required emergency medical treatment for it. The insurance company has indicated that they will be pursuing payment from the apartment complex owner.
But what if she never mentioned it was at an apartment complex?
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.
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Old 02-01-2018, 09:28 AM
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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.
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  #14  
Old 02-01-2018, 09:31 AM
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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.
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Old 02-01-2018, 09:36 AM
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Quote:
Originally Posted by Blackcat31 View Post
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.
I do have liability insurance for childcare but not sure if it covers the parents as well?
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.
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Old 02-01-2018, 09:48 AM
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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.
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Old 02-01-2018, 10:28 AM
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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.
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Old 02-01-2018, 10:34 AM
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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.
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Old 02-01-2018, 10:50 AM
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Originally Posted by daycarediva View Post

She could sue- she could ask you to repay her, and in either case, I would let her go.
Right
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Old 02-01-2018, 04:28 PM
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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.
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Old 02-01-2018, 06:07 PM
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Quote:
Originally Posted by mommyneedsadayoff View Post
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!
Yes please read that post
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Old 02-02-2018, 08:25 AM
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Any updates? Has she (DCM) said anything at all?
How is she doing?
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Old 02-02-2018, 08:33 AM
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Any updates? Has she (DCM) said anything at all?
How is she doing?
Two years ago, I had a client run across my porch with flip-flops on in the rain while on the phone and did not use the rail and fell down my outdoor 3 steps. My Insurance told me that now they look at issues like that and would not offer to pay without investigating. This client did not ask me to pay but I made her sign an accident form with specific details. She did go to the chiropractor four times. My insurance told me she had a year to sue. They are still here and she did not sue me, thank goodness. But it really opened my eyes to documentation and clearly stating rules/guidelines for my program.
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Old 02-02-2018, 08:39 AM
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Two years ago, I had a client run across my porch with flip-flops on in the rain while on the phone and did not use the rail and fell down my outdoor 3 steps. My Insurance told me that now they look at issues like that and would not offer to pay without investigating. This client did not ask me to pay but I made her sign an accident form with specific details. She did go to the chiropractor four times. My insurance told me she had a year to sue. They are still here and she did not sue me, thank goodness. But it really opened my eyes to documentation and clearly stating rules/guidelines for my program.
I agree!

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 .....
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.
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Old 02-02-2018, 09:00 AM
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Originally Posted by Blackcat31 View Post
Any updates? Has she (DCM) said anything at all?
How is she doing?
She dropped her child off today walking on her foot but it was wrapped up. She said shes fine and her husband was making fun of her for being so clumsy. I told her no more carrying her child down the stairs and she said oh no not again. Dad picked up yesterday and told me the dr pushed something back in place? And to baby her foot for 2 days.
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.
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Old 02-02-2018, 09:02 AM
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I agree!

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 .....
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.
Omg! Right away talking about insurance and claiming, that is crazy. Good thing you have cameras!
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Old 02-02-2018, 09:13 AM
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Originally Posted by Blackcat31 View Post
I agree!

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 .....
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.
And another good reason for video cameras.
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Old 02-02-2018, 09:20 AM
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Originally Posted by MomBoss View Post
She dropped her child off today walking on her foot but it was wrapped up. She said shes fine and her husband was making fun of her for being so clumsy. I told her no more carrying her child down the stairs and she said oh no not again. Dad picked up yesterday and told me the dr pushed something back in place? And to baby her foot for 2 days.
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.
That's good to hear!!

Now you can breath a sigh of relief and enjoy the weekend!
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