What is the name of your state? GA
I realize this is off subject, but I can't get anyone to answer me on the other forums, so I thought maybe someone could help me out over here.
My brother put my niece in daycare. He signed a contract stating that he would either provide the daycare with two weeks notice of her removal, or he would be liable to pay for two weeks care after her removal. The contract also states that they are responsible for my nieces well-being and safety while in their care.
There have been three incidences at the daycare where my niece has been hurt. Nothing severe mind you, but things that we feel should not have happened if she were being tended to properly. This child has some issues, a fact the daycare was informed of, and they assured us they could handle it. In fact, last week, she had a pretty bad tantrum at daycare and was allowed to slam her head through a wall. (she should have been restrained at the first sign of this, but was not) The director actually told us that if there was one more incident he was going to kick her out. Well, that's ok, because my brother feels like the daycare has 1) not held up their end of the bargain in keeping her safe and 2) mislead us to believe they were equipted and trained to deal with "problem" children when they obviously are not.
What I want to know, is, under these circumstances, can my brother be held liable for the two weeks of fees the contract says is due to them if we remove her immediately.
Of course, we will remove her, as she is obviously not in a safe enviorment for her, but since they are to blame for this, do we legally owe them for their shortcommings?
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I realize this is off subject, but I can't get anyone to answer me on the other forums, so I thought maybe someone could help me out over here.
My brother put my niece in daycare. He signed a contract stating that he would either provide the daycare with two weeks notice of her removal, or he would be liable to pay for two weeks care after her removal. The contract also states that they are responsible for my nieces well-being and safety while in their care.
There have been three incidences at the daycare where my niece has been hurt. Nothing severe mind you, but things that we feel should not have happened if she were being tended to properly. This child has some issues, a fact the daycare was informed of, and they assured us they could handle it. In fact, last week, she had a pretty bad tantrum at daycare and was allowed to slam her head through a wall. (she should have been restrained at the first sign of this, but was not) The director actually told us that if there was one more incident he was going to kick her out. Well, that's ok, because my brother feels like the daycare has 1) not held up their end of the bargain in keeping her safe and 2) mislead us to believe they were equipted and trained to deal with "problem" children when they obviously are not.
What I want to know, is, under these circumstances, can my brother be held liable for the two weeks of fees the contract says is due to them if we remove her immediately.
Of course, we will remove her, as she is obviously not in a safe enviorment for her, but since they are to blame for this, do we legally owe them for their shortcommings?
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