Dell & Schaefer Get Settlement for Child Injured at Day Care

Our client’s three-year-old son was at a Boca Raton, Florida day care. While the children were playing in the playground, another child, playing doctor, picked up a tree branch and stuck it in the boy’s ear. He had immediate pain and bleeding. His mother picked him up and took him to the emergency room, where he was diagnosed with a perforated eardrum and sent to a pediatric ENT who diagnosed some hearing loss resulting from the perforation. Over time, there was not significant improvement and, after approximately a year, the doctor performed a surgical repair of the ear drum.

Attorneys Dell and Schaefer make a claim against the day care

Our client, being naturally upset with the injury to her son, contacted Boca Raton accident attorneys Dell & Schaefer to make a claim against the day care for negligent supervision. Through discovery, we learned that the play yard had a large tree overhanging part of the yard to provide shade. Unfortunately, tree branches would end up throughout the playground. Additionally, even though the day care had the appropriate number of teachers present, they were negligent in failing to properly observe the actions of the children they were supervising.

Dell and Schaefer Obtains $30,000 for our client’s son

The day care center argued that children have accidents and that there was nothing that could be done to prevent accidents such as these. However, through the taking of depositions and argument at mediation, we were able to convince the insurance company of the likelihood of our prevailing in trial, and were thus able to secure a settlement of $30,000 for the boy, now seven years old. His proceeds will be put in an account to accumulate interest until he turns 18, so that he can then use the proceeds for his education.

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