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  #1  
Old 01-02-2013, 10:42 AM
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LaLa1923 LaLa1923 is offline
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Default Broken Arm, Who's Responsible?

My DS (7) was playing outside, he was up on a little tikes cube (toddler version) about to go down the slide when my SD (5) pushed him. He fell on his arm and broke it. The kids know they are not allowed to play on the toddler toys. They were both wrong. Had he been able to actually land on his feet (if he were on the bigger set) he probably wouldn't have broken it. She really doesn't care that she did it and didn't know the consequences of her actions. I'm appalled really, at her behavior but I chalk it up to her upbringing thus far. (Her bio mom is crazy)

This got me thinking, what if a DC kid had pushed him? What then? Are they responsible for medical care and fees? I never addressed this in my PHB. It does say I'm not responsible for their child's medical care or expenses. Would it be the same both ways?

This has turned out to be very costly. Thank goodness we have medical insurance. I didn't even know it was broken until the next day, I thought it was sprianed. It wasn't swollen, blue or anything! This really shocked me, next time. I'll take them right away to the ER.
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Old 01-02-2013, 10:50 AM
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MarinaVanessa MarinaVanessa is offline
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I suppose you could try to get compensation for medical fees due to one of your own children being hurt by a DCK (money that came out of pocket, not money that your medical insurance covered) however IMPO I would think that it's all about supervision. The client could simply counter that the children weren't being properly supervised otherwise the "accident" wouldn't have happened.

This is my DC and I'm responsible for all of the children when they are in my care so I personally wouldn't ask a parent for compensation if their child hurt my child. That's just me however.
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Old 01-02-2013, 10:55 AM
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Last summer three days before school started two of my soon to be Kindy boys were playing on the Little Tikes castle and one pushed the other out of the turret. The one who fell broke his arm.

His mom picked him up and since he wasn't crying or in pain and his arm didn't look bad she took him home. The next day she ended up taking him into the ER because she noticed he was favoring the arm a bit. Found out it was broken and had it cast.

I offered to file a claim with my insurance company but mom declined as they had great medical coverage themselves so it wasn't necessary.

DCM wasn't upset at anyone and she didn't blame anyone either as things do happen and it wasn't anything malicious or mean on the "pushers" part so all was good.

I guess other than to say, BTDT, I am not at all helpful Sorry.

Sorry that happened to your DS. Hope he is feeling better soon!
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Old 01-02-2013, 10:58 AM
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Well, I'm not sure it was anyones fault really. Considering your son knows he's not supposed to be playing on the structure and lets face it, kids are kids and what kid hasn't pushed another kid down a slide!?

I think what bothers you in this case is your step-daughters lack of reaction to the fact that she too played a role in what happened. BUT it's not really all her fault 100% either right - as you have already said.

I think it would depend on the situation leading up to the injury that would make me feel the parent of the child should have to pay. I'd bet you'd have to argue that you were watching them at the time it happened etc. etc. since I'm sure many parents would put blame on you and say something like you weren't there to manage what was happening and thus the accident!
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Old 01-02-2013, 11:00 AM
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Oops, what an awful accident. That's what happens sometimes when you push people, and when you play on toys that are too small for you!

(in other words, I can't imagine ever punishing a dck or dcf for something like that unless you had undeniable proof that it was completely and 100% the dck's fault and malicious...like a 5 yo pushing a 2 yo down the stairs, or something)
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Old 01-02-2013, 11:11 AM
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I wouldn't want to punish anyone. There will be things that happen when I'm not looking. This just had me thinking, that's all.
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Old 01-02-2013, 11:17 AM
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If it was a daycare kiddo I'd venture a guess that the liability would fall to you as you would be the one held responsible for not supervising properly.

No different than if they were up on the kitchen counters and someone got hurt. Or an older child climbed into a baby swing and got a leg stuck.

In the end you being the adult and provider I think most (all?) responsibility would fall to you.


Would likely be different if they'd have been playing on an age appropriate piece of equipment and the other child was simply being malicious.
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Old 01-02-2013, 11:44 AM
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The state requires that I have my parents sign a statement saying that I do not have liability insurance and if their child is injured it is their responsibility. I always tell them when they sign that paper it means if their child falls and breaks an arm it is their medical insurance not my homeowners that is responsible. Now, if I am negligent that is different story. But, kids unfortunately do get hurt on occassion. They may need stitches or an arm set. It can happen at their house or my house. All of my parents know that I do the best I can to keep their child safe but, if something should happen it is their medical insurance.
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Old 01-02-2013, 11:53 AM
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Quote:
Originally Posted by MrsSteinel'sHouse View Post
The state requires that I have my parents sign a statement saying that I do not have liability insurance and if their child is injured it is their responsibility. I always tell them when they sign that paper it means if their child falls and breaks an arm it is their medical insurance not my homeowners that is responsible. Now, if I am negligent that is different story. But, kids unfortunately do get hurt on occassion. They may need stitches or an arm set. It can happen at their house or my house. All of my parents know that I do the best I can to keep their child safe but, if something should happen it is their medical insurance.
except that paper won't hold up in court. Who is responsible? the property owner and the business owner. Tom wrote an article on this subject.
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Old 01-02-2013, 12:00 PM
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Quote:
Originally Posted by LaLa1923 View Post
I wouldn't want to punish anyone. There will be things that happen when I'm not looking. This just had me thinking, that's all.
No of course not, but I'm not sure given that kids are kids and things do happen that you'd have much ability to charge someone for your medical bills. Of course as someone else mentioned already, if it was a 5 yo who attacked a smaller child and pushed them down stairs or something, then you'd have something...including a child being dismissed from your care at the minimum!
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Old 01-02-2013, 12:00 PM
Willow Willow is offline
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Originally Posted by itlw8 View Post
except that paper won't hold up in court. Who is responsible? the property owner and the business owner. Tom wrote an article on this subject.
I was just going to point that out.
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  #12  
Old 01-02-2013, 12:34 PM
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Quote:
Originally Posted by itlw8 View Post
except that paper won't hold up in court. Who is responsible? the property owner and the business owner. Tom wrote an article on this subject.
I was going to mention about this also. Even though they signed a waiver saying that they understand that should something happen in your DC then they are responsible for the bills they can still take a provider to court.

A parent can't sign their rights away like that.
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  #13  
Old 01-02-2013, 01:33 PM
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it is the form the state gives me that I must have signed. Obviously, yes, if the parent feels I was negligent then they could take me to court. Most parent though understand that kids break arms etc. Most of mine have gotten injured enough at home that their parents realize this fact.
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Old 01-02-2013, 01:44 PM
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Quote:
Originally Posted by MrsSteinel'sHouse View Post
it is the form the state gives me that I must have signed. Obviously, yes, if the parent feels I was negligent then they could take me to court. Most parent though understand that kids break arms etc. Most of mine have gotten injured enough at home that their parents realize this fact.
See, I'm thinking that it would hold up in court because it is the state themselves that are issuing the paperwork not the provider. Its part of the state requirement for the childcare.
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Old 01-02-2013, 01:50 PM
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We have the same "waiver" on our emergency cards. It does not stop a family from suing you if you do not have liability insurance, it just becomes a BIGGER problem for the provider when they are sued, because they stand to lose their home/assests rather than insurance covering the costs.

If we do not carry liability insurance, we must have the parent sig the waiver AND tell them that that does not preclude them from suing us in the event of negligence/abuse.
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Old 01-02-2013, 02:06 PM
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Quote:
Originally Posted by Country Kids View Post
See, I'm thinking that it would hold up in court because it is the state themselves that are issuing the paperwork not the provider. Its part of the state requirement for the childcare.
My state (licensing) also requires me to have the parents sign something if I do not have liability insurance.

The requirement by the state (licensing) is only that my parents be notified, not that I am not liable should something happen.

HTH
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