Can I sue YMCA for child negligence?

Over the past couple of weeks we've been dropping of our little girl at the YMCA day camp for kids. My little girl is five years old and is allergic to the sun. This is noted in her profile at the YMCA, and yet yesterday she come home with a sunburn, which we didn't think was to horrible up until she woke us up at 2 in the morning crying. When we looked at what she was crying about we were astonished. She had second degree sun burns and blisters that were the size of the tip of the thumb to the first knuckle. When we went to confront the YMCA as to why this had happened the counselor that was watching the group my daughter is in said, "We couldn't get her to come in, she was having that much fun." My daughter is five years old, and I personally don't think this should have ever happened, and this isn't the first incident where they let her get sun burns. So do I have a case? Am I able to sue the YMCA day camp counselors for negligence?
Additional Details
We have provided the YMCA with the right medications, and the they had let her get sun burn(which wasn't as bad as yesterdays incident) her first week there but we confronted them and they took care of the problem up until yesterday. What angers me is the fact that you can tell when she's getting burnt she's that fair skinned, so how is it our fault if we've done everything we can?

robert_dod

As for a legal response, it is the duty of the YMCA to use reasonable efforts to keep children safe from forseeable harm. Assuming all facts set forth are true, then the YMCA excuse is just that -- an excuse. Why? Well, if a child were playing in the middle of a rarely traveled road, which does have cars, but does not want to leave the road when called because a car is coming, is it the parents fault? No, it is the childcare company's fault.

Here, the notation was made, and YMCA was aware, that the child is allergic to the sun. Aware of this fact, they did not take reasonable precautions to make the child safe, and an injury resulted.

There are many things that children do not want to do. It is one of the challenges of being a parent -- or caregiver. But liability seems clear.

On the other hand, you next have the issue of damages. How much money do you think this claim is worth? The child received a severe sunburn, including blisters. What is that worth? Not tens of thousands of dollars, but certainly some money. You will have difficulty getting a lawyer to take this case, for it will be much work for little money, in his opinion.

I would think that perhaps a better strategy would be to find a better day care provider. That, of course, was not the question. In this case, you have a case for negligence by the YMCA, and would likely win. How much? Not a ton, but still, there is a point to be made.

This, of course, leads to the real issue. YMCA would have avoided all this nonsense, after they screwed up, by acknowledging mistake, apologizing, and telling you what would be done to prevent such an incident in the future. The failure to do that simply made you more upset, increased their liability exposure, and made you very angry. Silly public relations, if you ask me.

Good luck.

acidBURN

A sunburn isn't an allergic reaction. A sunburn is from exposure to the sun. How are the folks at the YMCA supposed to know what your child needs if you don't tell them? They are not medical personnel and cannot be expected to know what your child's medical needs are unless you specifically tell them as well as what interventions they need to take for your child. Sounds like all you did was tell them she had a sun allergy and then expected them to automatically know what needed to be done for her. It doesn't work that way.

Kathi S

A sunburn is not an "allergy" to the sun it's exposure to the sun. If you know your child burns easily and this has happened before why don't you apply sunblock before you drop her off and supply some so they can apply more while she is at school. You need to take responsibility for what happens to your child. No you can't sue for negligence because you didn't protect her from sunburn.

ca_surveyor

Well, first off keep in mind that ANYBODY can sue ANYBODY for ANYTHING.. that does not mean you will win.

So your issue here is

1) DId the agency have prior knowledge of your childs condition and;
2) Knowing that condition and its related requirements, did they accept her into the program and in doing so promise responsible care;
3) Did they fail at a level of responsible care that was accepted because of her condition.

If you can answer yes to all three of those questions then you likely have a good cause for action.

BUT>..

the real answer lies with speaking to a professional attorney.. not faceless people here on ANSWERS.

I CAN suggest that you document all of your child's current condition with photographs and doctor's reports as well as start documenting any contact you have with the 'Y'. AND You should make that contact WRITTEN.. not telephone.

good luck and sorry your kid was hurt., but don't lett that stop her from enjoying her youth.

Joe B

That's why they have medication for those who have allergies. If the facility wasn't given the proper medication, that's your fault.

They must have been going outside for those prior weeks and there were no problems, you can't blame them nor is it negligence.

chaddad67

If she already had a sunburn once, I would have found another place. It is the Y, hard to keep all those maniacs inside. You can sue anyone for anything I guess but being allergic to the sun is tough and it's teenagers or moms watching the kids. Do you really want to sue a 17 year old camp counselor.

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