My daycare goes to a gym every week to learn gymnastics and play. They are two trampolines there that we are very careful when we use. All of the parents know we use them as part of the field trip every week. When using them there is one at a time and direct supervision while on there. One of my 2 year olds were jumping we thought he rolled his ankle. He favored it but continued to jump and run around and play without crying or anything but a slight limp. I immediately called mom to let her know that he possibly sprained his ankle but it didnt appear that anything else was wrong. We continued on our day as normal. When he got picked up he told his mom about his owwe on the trampoline but then climbed up the slide to play. The next day I called mom to see how he was and she said that they were in the emergency room until midnight because wouldnt walk on it. She then told me that he has 2 hairline fractures on 2 bones in his foot and is very upset about it. I apologized profusely but she didnt even say anything. Has anybody ever gone through this and what should I do now?

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Do you have liability insurance? Check your policy to see what it covers bc she will most likely expect her medical bills to be covered if the child was hurt while in your care. Do you have a medical waiver in your contract or field trip contract??

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did mom sign a consent form with the gymnastic company. If she did then it has nothing to do with you. You brought him there and the mother consented that he was able to do gymnastics. Its the same as if grandma was to take him instead of mom.

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No consent form at the gym but my contract does state that I am not liable for injury wgike in my care at my house kn field trips or during travel. Plus it is a medicaid family.

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Sometimes even if a parent signs a waiver or a form giving you permission to do certain things a provider can still be held liable if there was any wrong doing or negligence on the provider's part.

Now I am not saying this to be mean or hurtful but if I were that parent, I would NOT be ok with my child using a trampoline. EVER.

The American Pediatric Association recommends that kids under age 5 should NEVER ever use a trampoline.

Some home owner insurance companies won't cover trampoline injuries or even insure you if you have one.

Definitely something to consider in the future.

Oh and also, what does the family having Medicaid have to do with this?

As a parent, I would hold you responsible for this. I know it was an accident but I would not be ok with this.

I am sorry this happened

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First, If you're licensed you will need to report this to licensing and do a written report and send it to them immediately.

Second, write up in detail everything that occurred with DCK and have mom sign. Give a copy to mom and keep the signed one in your records.

If you have daycare insurance check to see if they will cover the medical bills.

As far as mom being upset, its understandable. Hopefully, you had them sign a permission slip and the understood the possible dangers of going to the gym.

I recommend, if you don't have one already, having all parents sign a permission slip and/or waiver stating the obvious dangers of going to the gym. That you will do your best to limit the risk of injury, but injuries are very possible.

Good luck...I hope this doesn't turn into anything more, but be prepared should she take legal action.

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Unfortunately your contract stating that will not help at all. They can still sue. You said they are a Medicaid family so you may get something in the mail asking for details on how the child got the injury. If Medicaid determines the injury was the result of inadequate supervision or that it could have been avoided they could decide to come after you.

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I learned from one of Tom Copeland's books that it's pointless to put a statement in your policies saying you are not liable in case of injury because no one can ever give away their right to sue if there is an injury. That sounds so confusing... but basically, even if you have a policy saying you are not liable, you are still liable, because your clients can not give up their right to sue. It is why he recommends that every provider has insurance.

However, I think that because the injury happened at the gymnastics studio and not at your home, then you have less to be concerned about in terms of being liable.

I wish I had more advice to offer! Let us know how it goes. Hoping for the best for the little guy and for you!

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No consent form or waiver? Yikes.

Medicaid families are no different than any other family

Even though they agreed to your policy of not being held liable for injury, that will be difficult to get out of in court. You are likely held at least partially liable.

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I think the provider is even MORE liable because SHE took them off site and SHE was the one providing the supervision. I don't think that changes based on where you are at....kwim?

The parent still expects the same level, if not more, of supervision off site.

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1. Write up an incident report. Have any witnesses write up their own accounts as well. Sign and date them. Make copies and give copies of all these to the parents and ask for a signature just stating that they were informed of how the injury happened.

2. Report this to whomever your higher up is. County, state, etc. Let your insurance company know.

3. Tell the gym that this happened. They need to know for their own records.

4. Talk to the parents and find out how they are feeling. Right now, you are worried becuase of the unknown.

5. Rethink trampolines and monkey bars. Both my kids have broken arms in other ways and their orthopedist said that no child has any need to ever be on monkey bars or trampolines. There are safer alternatives to each of these activities. These two pieces of equipment cause SERIOUS injuries. Luckily, your dc child has a minor injury. It could have been much, much worse.

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They can sue you, but that piece of paper can make it so they don't win/collect. If there was negligence on the part of the provider, the paper/signature won't matter (ie: the provider was drunk when she drove the kids on a field trip) but in normal, every day matters I would always have the parents sign off on it.

As for the OP, like others have already stated - call your licensor and let them know of the situation. Fill out an incident report. Make sure you have all the necessary permission slips in order and on file (we have to have signed permission to take kids off site). Good Luck!

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how come the gymnastics place didn't have the parents sign a form. Ours make every parent sign a form because its the parents responsibility whether or not they are allowed to do gymnastics. And parents usually pay for this too.

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In Michigan we are not allowed to let the dck's use trampolines...even the small, single person, 6 inches off the ground ones, so I would assume we are not allowed to let dck's on a trampoline any other place as well.

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When we bought our balloon policy for daycare insurance we had to remove the trampoline we had (15 foot). I sold it and reading this I am glad I did. I never let DCK on it but I did let my girls jump after hours. I strongly suggest daycare insurance. I am happy I have the extra coverage. Accidents do happen.

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I have insurance that will cover it if anything does happen. Have never heard of a rule about not having a trampoline. The parents do pay for the gym and know what the kids do while they are there. Just last week the same child was playing on it I took a video and sent it to the parent she then said at pic up here child has never used a trampoline but they might buy one after she saw how much fun he had. The thing that gets me is that accidents happen. He could have had the same injury by tripping over the 2 sizes to big shoes he wears all the time.

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I hope there is a quick, drama free resolution to this. but please be patient and understanding of the parents. Of course they are going to be upset even if it was an accident. A very small child was hurt. They were sitting for hours probably, in an ER with their baby! There is going to be some recovery time on this and who knows how much pain this child is in now. Please just remain professional and sympathetic. I am not saying that it was your fault or that you will for sure be held liable but I don't understand why your response is coming across a little cold hearted. Perhaps it is just the way I am reading things.....

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What state are you in?

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Yes, this. Document, document, document. What happened, what you did, what everyone else did, what you told parents and when, what parents said to you and when. Document everything.

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I am not being cold hearted. I understand the situation and feel very bad. The thing that bothers me is the over reaction (if you could call it that) on the parents part. She didnt take the child in until 12 hours after the incedint happened and then she told me that doc said there is really nothing they can do the child was still walking on it not crying

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I guess by big question is would you do anything for the family. I know they are upset and I completely understand. I love the kids and dont want to lose them and dont want any hard feeling.

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Personally I would just document everything. Report it to my licensor.

I believe it is required in your state to report ANY and ALL incidences that happen in your care that require medical treatment.


I wouldn't do anything other than show concern for the child.

Anything above and beyond could possibly come across to the parent as you trying to appease the guilt of any wrongdoing....kwim?

NOT saying you did anything wrong but if I can see how it could look to a parent if you try too hard.

Can I ask again, what state you are in? You can PM (private message) me if you'd like so that it isn't posted.

If I am correct about where you are located....I have a few links for you concerning what you need to do.

Hang in there....accidents DO happen. We (as caregivers) just need to make sure our bases are covered.

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I am new ti this please tell me how to private message

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Just click on my user name (Blackcat31) and a drop down menu will appear. Choose to send me a private message.

A new page will open up that looks like the page you type a post on.
Type your message and hit submit or send (I can't remember which one it says) and I will be notified of a new private message.

Repost here if you need additional help.

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Yes, perhaps you did read it wrong. She doesn't sound cold hearted to me...

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You have gotten some very good advice in regards to documenting, etc.

For the future, PLEASE, PLEASE, PLEASE do not allow the children on the trampoline. ESPECIALLY a two year old. They are EXTREMELY dangerous and many, many injuries can occur while using them....including spine and neck injuries that could ultimately cause paralysis. I am REALLY surprised the parents allowed it.

Also, I STRONGLY advise you to get permission forms from every parent before EVER going off property again.

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I agree.

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first of all, kids get hurt! You didn't hurt the kid yourself, I took all my kids to a park a couple years ago, and my niece(19 yr old, took one of the boys down a slide on her lap, and when the got down he was screaming and couldn't walk very good, she said he stuck his feet out to the side of the slide, and I would have never thought it was broken, but they took him in and he had a hairline fracture, luckily they were not upset about it though, he was only 18 months and he was in a full leg cast for 6 weeks! I felt awful, but he was just having fun, not being abused, I called my licensor filed a report, called my insurance company, they got $1000 check, and they didn'y go to the ER, just a clinic, so that was some nice cash in their pockets! accidents happen, I seriously can't imagine they would actually sue, I told my parents right away that I would file a claim for them with my insurance and it should cover their medical costs, but again they werent worried about it, that boy is now almost 5, and he and his baby brother are still in my care! I hope things turn out okay.

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I never allow a trampoline.....but now you know!!

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Once things settle down...maybe a nice craft from the daycare kids saying "Get Well" or "Feel better" would be a nice gesture. Also sending him a teddy bear.

When I have daycare kids out sick, we make a home video on my phone singing our "get well" song and send it to the parents. They always enjoy this and the kids enjoy watching them when they are sick and I hope it makes them feel special, loved and thought of.

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That doesn't really help anything because when the parent's hand their kid off to you everyday, you become responsible for the safety and well being of the child. Like others said, it won't really hold up in court.

Also, do you run your business a sole proprietor and LLC? A sole proprietor is an default status of a business owner which means in the case of an accident that they can go after you, your husband/bf, and all your assets, even things not directly related to daycare (home, car, other income sources). In most cases, with an LLC, it limits what they can take to only your daycare business related assets.

some tips on LLCs for daycare/preschool: http://www.startapreschool.com/training/business.html

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Just to clarify, the parents waiting to bring the child in until 12 hours later isn't unusual. Often times with hairline fractures it takes time for pain and swelling to become evident. Even then they can be misdiagnosed when xrays are first taken.

I too would have the other kids make a card but otherwise let them make the first move.

Definitely notify licensing per your states regs and in the meantime do your best not to anticipate the worst.

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sorry folks. that is just how it was coming across to me. she seems confused or upset about why the parents would even care. like I said, it was just the way it came thru to me.

anyway, I agree with BC. Concerned and sympathetic while covering all your bases (and perhaps just avoiding the trampoline in the future!) would be the best way to go.

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thoughtful ideas!

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I didnt get a chance to post about this earlier today.

I wanted to tell you this....

I used to also take my DCKs to a gymnastics studio. the first and only time we went we had a great time, but I could see right away that even with only 9 kids and 3 adults that for sure someone was eventually going to get hurt.

I could tell that the two gymnastics teachers that were there to teach the class were VERY irritated with me. I was very very uncomfortable with some of the stuff they wanted the kids to do, like have a 2 year old up on a very high balance beam twice their height, sometimes with no support.

I was very out loud about my concerns and stated, sorry, I don't think that's a good idea for that child to be on that. Then would often hear myself saying to the kids....Please wait until I can get there to help you with that, please get down from that.... it was not a fun trip for us...

After leaving, I went home and thought about it for a bit.. I thought well, the parents did sign a permission slip and liability from the gym, as well as paid the gym fees....However, because I am a licensed daycare provider, I am 100% responsible for these children when they are in my care. So if something happens to them while under my care, it does not matter where we are, I am responsible. I decided to call my licencor about it and expressed my concerns. She said that I was 100% correct, I am liable...

If I take the kids to the gymnastics studio, library, or etc no matter how they get hurt, I am still going to be liable. They will still come out to investigate the incident and I could risk a write up as well as getting sued by the parents.....

In the end, I decided no more gym. It was just way to risky. I know that the gym employees think that I am a mean cold provider, but they have no clue how much liability I was taking on by taking the kids there. My fault, not theirs, but I don't care that they don't understand my situation. I can't risk my business.

I am really sorry to hear that this happened. I am sure that parents were just upset at the time because their child was hurt and in pain. Of course you didnt mean for it to happen and that is why they are called accidents, but you just never know what a parent may do within their rights.

I hope that it all goes well with you regarding this situation. Perhaps you should reconsider taking the kids there anymore.......

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This is so true, my little boy who broke his legs, the parents took him in the next day, kids have a pretty good tolerance of pain, and he wasn't crying or super unhappy, just couldn't walk much on that leg, we just all thought it was hurt, never thought it could have broken going down the slide, they took him to 3 different places and finally an orthopedic specialist found the break, none of the other family doctors found it. again I was lucky my parents were not upset with me at all, my licensor never came out to visit me, I filed a report the parents had to fill out a report for them as well.

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I agree.

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All that consent does is say the PARENTS agree that you are not liable. The parents can't give consent for the INSURANCE company to say you are not liable or the STATE to say you are not liable.

The parents would be last on my list of concerns in this situation. I would be more worried about whoever pays for the medical care and my state.

Parents are just parents. Most are inexperienced and not able to knowingly give consent on something like this. They don't know what is developmentally appropriate or be able to forsee the complications that can come from their kid doing activities that are not within what they do day to day. They are usually very inexperienced with child care even when they are on their second and third kid.

Parents can't give permission for you to do the wrong thing. Having a two year old on a trampoline is the wrong thing.

Parents like to consent to their kid having a great time. They want them to do special especially when special is being done by someone else.

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Are there any updates to this OP? Curious as to how the parents are now "behaving".

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The mom seems to calm down after a few harsh words said. I let her know that as the parent it was up to her to decide if she felt comfortable bring them back and to let me know. He is suppose ti be coming back this afternoon. To everyone that said we slshouldnt leave thebhouse without permission. Upon registration at my daycare every parent must sign a permission form. And they pay for the gymnastics so they all know what we do.

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I am glad the mom is coming around.

It is hard when something like this happens.....kids do have accidents but when it happens on someone else's watch, parents are always upset about it.

I think that in the future you should definitely steer clear of the trampoline as it really isn't recommended for kids under 5 as way too many issues can happen, even while using it correctly.

Sometimes it is a wonderful thing that providers offer outside activities to the children they provide care for but at the same time, it also brings with it a liability on the provider's part to go above and beyond normal safety measures as we are caring for OTHER people's children.

Personally, if I were in your shoes, I would really rethink the gym outings and perhaps stick to activities that you have more control over. It is much easier to deal with normal childhood accidents and injuries when in your own home providing supervision on equipment that you have control over.

I sure hope you and this child's mother can make amends and move past this as it really was an accident and I know you feel badly for the child. Hopefully mom will realize that and you two will be able to continue having a good provider-parent relationship.

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I 100% agree! I took my group to kids gym one day (it was not gymnastics, but they had tumbling mats and balance beams out) and spent the entire morning STRESSED OUT about them getting hurt.

I am careful with my own children when it comes to safety, but with SOMEONE ELSES CHILDREN? I am a safety FANATIC.

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If it happened at the facility, you are still responsible, if they hired you to care for the children, you are ultimately in charge of the care. You will need to report it to the State since there was an injury, it must be done within 24 hrs of the incident and if you don't, you should carry childcare insurance, they can sue.

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I've been reading all the responses on this thread but I'm curious about a few things. It may vary from state to state is what got me thinking. Every year when I do my daughters school registration forms, I have to sign a form saying I wont hold the school or any staff etc liable for any injuries sustained at school or on the bus etc or during school off site activities etc. when she goes on field trips, I have to sign the same liability waivers. They all say, of course, providing the accident wasn't from neglect etc. the same forms I sign when I sign them up for sports etc. I'm sure the school and sports etc has insurance, but why the forms? I asked them one time, they said they are only liable if an injury occurs due to neglect on the staffs part. For instance, the bus picks her up and while she's walking up the steps in the bus, the driver hits the gas and she falls out. They are liable. Accident on the playground with the correct number of adults supervising and equipment was in good repair, not liable.

I wonder if other states are like this too??? Just a thought. In the above bus accident, their insurance will pay. Playground injury, my insurance has to pay for that broken arm.

So I'm wondering is it a state thing, county thing, etc. my parents sign the same waiver, given to me by my attorney. Maybe OP, check into the laws in your state.

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I signed a form this year when I enrolled DS in school. Thanks for bringing this up.. it's a great question and I'm looking forward to what others have to say about it.

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When I worked in a public school, I was told by an administrator that those forms are essentially worthless. They are a CYA type of paperwork, but really have no legal value.

Basically, the school is responsible for what happens on their watch, and a parent can't waive that responsibility for the school.

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Bunny, I wonder though if that depends on the state. My lawyer agrees, outside of neglect, the waiver stands. However, if pursued, they have to prove they weren't negligent

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I was told this by licensing. They said that I do not need to report the incident unless it was do to neglect or abuse by mysekf staff or parents. They also said that I am nit liable for accidents unless it can be proven that one of those things happened.

The gym that I take my kids to is geared for preschool ages. Everything they do is a age appropriate. Usually it is tag, streching and learning basics like summer salts and clibming over the foam pads. The main reason we go is for large motor during the winter when it is below 0 outside.

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