u/Ant_Annual

▲ 554 r/AusLegal

Hi all, I'm not really sure where to go from here. Yesterday I received a call from the Kindy advising my 3yr old son had an injury to his finger and they could not figure out what caused it. They asked if I wanted to come pick him up and take him to the hospital or to call an ambulance (Is this normal? Surely a severe injury would warrant an ambulance first!).

In the confusion I was able to get my father who lives local to rush him to the emergency department where he lost about 1/3rd his finger tip and his whole nail. The doctor advised it will be a permanent loss and the extent of the scarring/feeling will be determined at a later date.

Today I confronted the Daycare and asked to be shown where he was and what he was playing with. It turns out there is a metal cup they have for water play. The handle of this cup had a broken weld they have known about for weeks that allowed his finger to get between the handle and the cup! At some point it it was removed with such force it crushed down and ripped his finger tip off. This was not a clean cut and resulted it my boy suffering an intense amount of pain.

I took pictures of the cup and gathered what information I could from the staff.

Generally I understand accidents and am pretty forgiving but my 2 children have a record of injuries from this place. My 5 year old has a scar between her eyes where a child threw a metal box at her. My son has a scar on his cheek when they stupidly didn't intervene when he put his bike up on a ledge and began to ride resulting in him falling to the concrete. It seems like I'm paying for carers but instead they would be safer with me at work.

In the end, what I'm asking here is what do I do from here? Pursue liability lawyers? Is it worth it considering the cup was a known factor?

This injury has permanently scarred him for life and will now financially impact us while we have to take time off so he can recover.

Cheers

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u/Ant_Annual — 15 days ago