It is difficult to answer your question based on the limited information you have presented. You should really consult with an attorney so you have an opportunity to present all of the facts and the attorney can follow-up with questions and review any documents you may have. This is probably not the answer you were hoping to receive but due to the nature of your claim, it is really important you get a full case evaluation. Best of luck and I am sorry your family is having to deal with this issue.
The above information does not constitute legal advice and does not form the basis of an attorney-client relationship. Lisa M. Blasser, Esq. and Blasser Law do not represent you and are not responsible for any actions or inactions that you decide to pursue in lieu of the above information.
I agree with my colleagues. There is just not enough information here to properly evaluate the claim. Also, the medical records will be of significant importance, particularly the doctor's notes advising that her arm could not have been broken by falling.
Personal injury attorneys typically do a free consultation and most PI attorneys work on a contingency fee basis, which means that if they don't make a successful recovery, they don't charge you an attorney fee, so you should consult with a local attorney to discuss your potential claim.
The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
You have a 4-year-old with a femur broken under unexplained circumstances (according to your doctors).
It seems to me the thing to do would be to file a police report and file a report with the entities that regulate daycare. Those entities will investigate what happened.
There is plenty of time for your child to sue since she is a minor. The statute of limitations would not start to run until she is 18 and then the relevant statute is 3 years from the date she turns 18.
Daycare workers have a duty to care for children who are in their care. If there was some defect which caused her to fall or if they were not properly monitoring the children, then yes, they clearly have a cause of action against the gym and the day care.
Yes you can file a claim. They have insurance and the insurance company will take over once the claim is filed. Talk to a personal injury attorney as soon as possible. That attorney will want to find out what the doctors have to say and why they think that the description given is not reasonable. The daycare center might have video evidence of what happened and that might either make or break the potential case in that it could provide an explanation of what happened. That needs to be preserved.
You should consult with a local personal injury attorney who can help you collect the necessary information to decide whether you may have a claim. We are located in Kirkland, Washington and would be happy to give you a free consultation.
I would have some concerns about this issue based on what the doctors are telling you. If the doctors believed so thoroughly that this break did not occur in the way that the daycare states that it did, how do they think the break occurred? If the "doctors" believe there is some sort of malfeasance at play, did they report this to the appropriate authorities? In Washington State doctors are mandatory reporters. I think you take this case to a personal injury lawyer for further evaluation before doing anything else and be sure that the attorney is aware of Washington State Case law regarding the lack of contributory negligence for child plaintiffs under the age of 6,