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Can I sue my childs daycare provider for allowing my son to be bitten on both hands by another child that was also in their care

Oxon Hill, MD |

When picked my 8 month old son up from dsycare I noticed bite marks on both hands, I asked the provider what happened and they stated they did not know.. i took my son to the doctor the next day and was informed to report this to cps

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Attorney answers 2


If the provider knew of the tendancy of the other kid to bite and did nothing, they may have some lilability. In any case in which you’re claiming negligence, four elements must be established: (1) duty (2) breach of that duty (3) causation of harm, and (4) damages.

I’m assuming you have duty and breach of duty here. However, without any significant damages, there’s not a big case. You must have all four elements.

Legal purists can correctly point out that I’ve simplified the analysis. However, this is an accurate summary and this format doesn’t have room for the volumes that have been written on the breakdown of causation, the two places in which we can plug in foreseeability, and other issues.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


Based on the limited information you provided, I think that there is a good chance that you do have a case. Daycare providers in Maryland are governed by numerous regulations. Any violation of those regulations could serve as evidence of negligence. Day care providers tending to children that are under two have strict staffing requirements that are designed to prevent this sort of problem. Typically day care facilities have one employee per every three children under two. A bite on one hand could be explained away easily by a daycare provider. They obviously have to see something dangerous before they can prevent the harm. The fact that your son was able to be bit on one hand and then the other with the daycare provider unable to explain what happened is troubling. You should photograph your son's injuries and speak to a personal injury attorney in the county.

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