Asked in Personal Injury and Small Claims for Nebraska

Q: My two year old son fell 6 ft @ daycare and fractured his leg. Should the daycare be liable for the bills?

The daycare doesn't have a liability clause at all. The director said they were going to cover the costs of the bills and then today the owner said they were not taking of them.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: A business is liable to a patron who falls on their property if the business was negligent. This is true whether or not the business has decided to carry liability insurance or not. Whether a business would be responsible for a person's bills for falling at their property depends on whether the business is found to be liable or not. Whether the business was negligent depends on the specific facts of the case. If the business won't voluntarily agree to pay the medical bills, you may need to retain an attorney to advise you whether you have a case and then bring an action if your action is likely to be successful.

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