My four year old daughter is enrolled in a preschool-gymnastics.This past Friday my husband picked her up and she was wailing and would not walk on her foot. The teachers were not able to tell him what happened . Our daughter said she hit her foot hard on the garage door next to the slide. We took her to the hospital and she has a severe fracture that the dr said was caused by sliding into something hard. She is in a cast for 6 weeks with no mobility. The teachers have been rude and inconsistent to what occurred and would not even let my daughter come inside the building to say goodbye to her friends. On two Occasions prior to this my husband and I felt there was limited supervision with the kids and were going to talk with the teacher. I seriously suspect negligence. What can I do?
Administrative Law Lawyer
You don't seem to have enough facts to justify the kind of allegations necessary for a lawsuit. And I wonder what kind of release you were required to provide as a pre-requisite to your daughter's participation in the program?
Even in the best and most carefully-supervised programs, accidents and injuries will happen. The gymnastics program is not strictly liable for anything and everything that happens. In the absence of reliable facts on which to based factual allegations of negligence, your only choice is to withdraw your daughter from the program if you have lost faith and trust in the quality of instruction and supervision.
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2 lawyers agree
Education Law Attorney
I agree with Ms. Mccall's assessment. In addition, I changed the area of practice from "Education" to "Litigation" even though "Litigation" is a broad category. Rationale: Even though the incident occurred at a preschool/gymnastics program, this isn't really an education-related matter. And, I want your question to get as much exposure to the right group of lawyers as possible!
Note: Although, I am licensed to practice law in your state, I provide this response for general, information purposes only. This is not to be construed as legal advice. Consult appropriate legal counsel in your area.