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@Calgary

I am also in the opinion that you should get a lawyer first.

rounder(rounder)
本文发表在 rolia.net 枫下论坛Insurance claim is for sure. This may include additional treatment for your child not covered by OHIP, nutrition, counselling and lost income for parents while taking the child for treatment. I am not an expert on this, the lawyer will help you handle this.

Sueing the daycare for punitive compensationis a separate thing and might be more time consuming. You need to talk to the lawyer to see what is your chance. In my opinion, slippery floor on a rainy day is no excuse. My friend tells me "Ontario Nursary Act" states that daycare operators should ensure all equipment, playground are safe, and keep children under constant supervision. If it is a rainy day, the teachers should take extra care, keep the floor as dry as possible, remind the children not to run in the hallway, etc.

According to your description, the injury is quite severe. Daycares write reports on accidents. If they ask you to sign it, don't sign anything, don't talk to them about compensation, tell them " I need to talk to my lawyer first". On Monday, frist make sure the surpervisor know this incident, and tell them you are not happy about the way they handled it. Ask for the written report, show it to your lawyer.

As for the lawyer fee, they charge a relatively small fee ($70 or something?) or no fee for the first half hour when they hear you out and see if you have a case. After that, some lawyers charge by time while others take a cut only if you win. The latter might be more suitable for you. I don't have a good lawyer to recommend to you as I have never been through these things myself, I hope someone else here have some legal contacts.

I am appalled by the indifference that particular daycare showed. I hope the your kid and yourself are doing better now. Don't be too upset as you still want to give as much attention as possible to your kid these days.更多精彩文章及讨论，请光临枫下论坛 rolia.net
(#772806@0)
Last Updated: 2002-9-28
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Replies, comments and Discussions:

  • 枫下茶话 / 法律 / 紧急求助，我BABY昨天中午在DAYCARE跌交，额头被水泥墙围角磕了个洞，医生说一定留下疤了，请问大家，我可以向DAYCARE及他们的保险公司索赔吗？谢谢！ -babymama(可怜天下父母心); 2002-9-28 (#772013@0)
    • 过程是这样 -babymama(可怜天下父母心); 2002-9-28 {611} (#772025@0)
      今天中午我被通知孩子在DAYCARE跌交，脑袋破了，可能需要缝针，当我赶到DAYCARE看到伤口是在孩子的脸上，血还在留，禁不住失声痛哭。老师解释是在他们活动后从一个教室回另一个教室时，他在门口摔的，孩子向我指出是门角水泥墙围角，我想是他们放在门口的踏角毯绊着了孩子，再者怎末会有那么尖的水泥墙围角在DAYCARE呢？

      孩子1岁半的时候在上一家DAYCARE划楼梯的时候，脸冲下被划破，眉毛少了几根，长不出来了，当时就想算了，可这回却更惨，医院只用水冲洗了伤口，用SPECIAL GLUE 粘上，冲洗的时候的洞有手指头大，按着痛苦不堪的孩子我又忍不住泪水。。。医生说要缝针的话得2针，也不知要打破伤风的针吗？没有抗生素的胶水管用吗？也没开药，真着急啊！
    • up! -babymama(可怜天下父母心); 2002-9-28 (#772063@0)
    • Sorry to hear that. You should give it a try. All daycares are insured anyway. Also low income families are entitled to legal aid. -rounder(rounder); 2002-9-28 {68} (#772085@0)
      And you might want to find another daycare with a safer environment.
    • called a friend who works in daycare. she said daycared are very nervous if kids get hurt there. That means you might have a case, especially if you kid can clearly describe what happened. -rounder(rounder); 2002-9-28 (#772088@0)
      • Thanks.You are so nice. -babymama(可怜天下父母心); 2002-9-28 (#772297@0)
        • my suggestion is you have some of your native Canadian friends talk to the daycare centre at first,see if your guys can reach some compansation plan? if you can not ,then go to the lawyer. -fatboy(胖墩儿); 2002-9-28 (#772299@0)
          • no, she should get a lawyer handle this at the first place, her canadian friend can't take legal responsibility. have a lawyer doesn't mean she must sue daycare. -scorpio(scorpio); 2002-9-28 (#772341@0)
            • well, I think the lawyer will charge her since her first call, any way, if I were her, I will go to talk to the owner of daycare at that day, see what he/she says. -fatboy(胖墩儿); 2002-9-28 (#772347@0)
              • who knows the legal aid number?Thanks! -babymama(可怜天下父母心); 2002-9-28 (#772412@0)
                • check this web -fatboy(胖墩儿); 2002-9-28 (#772415@0)
                  • do you have friends to know some cases which sue daycare?谢谢胖墩儿。 -babymama(可怜天下父母心); 2002-9-28 (#772654@0)
              • they said it was an accident by baby himself.Yesterday it's raining day.They said just can send him to Scar general,I insist the sick hospital,they even didnot send us to there, -babymama(可怜天下父母心); 2002-9-28 {108} (#772636@0)
                I had to hold my baby in arm by
                ttc to the hospital.Even when I crying,i heard some teachers were laughing!
                • 希望你能保护自己和孩子的权益. 从孩子进教室, 直到你接走他, 他的老师负有监护他的责任. 所以, 孩子摔交, 老师一定有责任. 另外, 那个尖的墙角, 我觉得在幼儿园里是不应该有的. 建议你马上拍照. -hanarmy(汉军); 2002-9-28 {133} (#772701@0)
                  从贴子看, 你的英文水平有限, 难以有效沟通. 可以叫你LG或英文好的朋友出面, 或直接找法律援助, 还有报社, 决不能让幼儿园的人随便把你打发了.
    • I am also in the opinion that you should get a lawyer first. -rounder(rounder); 2002-9-28 {1889} (#772806@0)
      本文发表在 rolia.net 枫下论坛Insurance claim is for sure. This may include additional treatment for your child not covered by OHIP, nutrition, counselling and lost income for parents while taking the child for treatment. I am not an expert on this, the lawyer will help you handle this.

      Sueing the daycare for punitive compensationis a separate thing and might be more time consuming. You need to talk to the lawyer to see what is your chance. In my opinion, slippery floor on a rainy day is no excuse. My friend tells me "Ontario Nursary Act" states that daycare operators should ensure all equipment, playground are safe, and keep children under constant supervision. If it is a rainy day, the teachers should take extra care, keep the floor as dry as possible, remind the children not to run in the hallway, etc.

      According to your description, the injury is quite severe. Daycares write reports on accidents. If they ask you to sign it, don't sign anything, don't talk to them about compensation, tell them " I need to talk to my lawyer first". On Monday, frist make sure the surpervisor know this incident, and tell them you are not happy about the way they handled it. Ask for the written report, show it to your lawyer.

      As for the lawyer fee, they charge a relatively small fee ($70 or something?) or no fee for the first half hour when they hear you out and see if you have a case. After that, some lawyers charge by time while others take a cut only if you win. The latter might be more suitable for you. I don't have a good lawyer to recommend to you as I have never been through these things myself, I hope someone else here have some legal contacts.

      I am appalled by the indifference that particular daycare showed. I hope the your kid and yourself are doing better now. Don't be too upset as you still want to give as much attention as possible to your kid these days.更多精彩文章及讨论，请光临枫下论坛 rolia.net
    • Call your lawer. It's not only for your baby, but also for other's. -patpat(乃胡侃而已); 2002-9-28 {216} (#772841@0)
      Also the gut feeling is you can sue for damage on the ground of negligence: That sharp point should not exist; Any reasonable person should foresee a possible injury - especially given the fact it's a babycare area.

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