Would you sue daycare for an injury?

Hi there,

My toddler recently hurt herself really badly at daycare, hitting her head and split it open as she ran into a sharp piece of furniture that was at her head height. Daycare called an ambulance before we got there and before we could take her to the hospital itself. The bad thing is that we didn’t have ambulance insurance at the time as we come from the UK and were ignorant to the fact it was a separately billed service. Our little one needed stitches under anaesthetic and now has a big scar on her forehead. We got billed a significant amount for the ambulance , which we didn’t actually call and have been battling with daycare to get it waived as it was their negligence that this all happened in the first place.

We pay alot for our toddler to go to daycare so feel like the minimum goodwill would be to pay the ambulance cost. They have their bums covered as they do mention in their terms and conditions about the fact they will call an ambulance, but I’m angry that my child now has a prominent scar due to their negilence. They so far are only willing to cover around 70% roughly as a maximum.

What would you Mums do?

Some peoole have suggested we take legal action but I’m uncertain that we would get anywhere.

Keen to know if anyone has been through anything similar?
Thanks

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- - Ellen said
  - 21 May 2021
    7:55 am
Just curious what you end up doing in the end ? And how has your child recovered ?
- - Ellen said
  - 12 Feb 2020
    9:00 am
Sadly accidents happen and this could have happened at home. I understand your frustration though. Them calling the ambulance shows they care and concern, you might have sued them as well when they wouldn’t have done that and the injury wasn’t as quickly acted upon ?
I would first read the child care policy upon incidents and see if you didn’t accidentally signed for this.
- - mom330666 said
  - 11 Feb 2020
    7:36 pm
If u like u can get legal advice but i think that will cost much more and not sure if u will won.
- - celebrity said
  - 09 Feb 2020
    11:59 am
I’m not sure how it works in the UK as I’m in Australia. However I tend to think it was just an accident. I can understand your anguish as we all love and want to protect our children but things happen. Perhaps just get some legal advise and see what happens.
- - ashna9 said
  - 07 Feb 2020
    9:39 pm
You could have a consult with a lawyer and see what they say? Most first consultations are free.
- - BellaB said
  - 07 Feb 2020
    7:12 pm
I don’t know that I’d go to legal action, especially if you’ve had no other concerns.
- - mom160289 said
  - 06 Feb 2020
    10:24 pm
Accidents happen and they did look after her. If you check when you signed paperwork it says that you allow them to call ambulance when necessary. I would not take legal action unless a serious violation.
- - mom90758 said
  - 06 Feb 2020
    4:52 pm
How terrible. I would probably take legal action, because the injury happened due to their negligence. But it’s indeed a very tough subject.