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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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Our three year old has been bitten twice at daycare by the

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Our three year old has been bitten twice at daycare by the same child now, sustaining minor injury in each case. Both incidents were reported and documented by the daycare. I would like the daycare to kick this kid out. Can a daycare be held liable for incidents of repeated biting, particularly if injury resulted? If so this is something I would make them aware of. Maybe it would help them with their decision on whether to retain this kid in their care.

A daycare may be held liable for injuries caused to a child under their car by another child where the daycare should have taken reasonable steps to prevent the injury from happening but did not. You would be able to sue the daycare for negligence in this case.

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Customer: replied 4 years ago.

Would biting specifically be in scope here? Or is biting just considered normal behavior by children.

Biting is normal behavior, but it is the fact that the daycare knew about it and knew that it was causing injuries and failed to do anything about it that is the problem and creates negligence on their part.
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