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Short answer: there may be liability, but it is essentially meaningless, since there would be no measurable damages in most instances. Your question is not clear as to whether an adult or another child gave the "haircut", and I am assuming that that by "haircut" you mean the child's hair was cut in a way that did not turn out to be especially flattering. If the child is a very young infant, and this was the "first haircut", the parent might be terribly upset, and there may be technical legal liability(any unconsented to touching can be considered an "assault", however, we know that caretakers of infants have to handle them to change diapers, etc., but a haircut would not be incidental to the caretaker's duties). Having said this, even if there is legal liability as to an infant's "first haircut" or any other child in a day care setting, there are no real damages. What could a jury award for the cutting of some hair that will readily grow back in days and weeks? Such a case would have no value, unless the child was a model or movie star who lost an income opportunity due to the "haircut." If another child at the day care administered the "haircut", it would be a supervision issue by the day care operator, but ultimately, you reach the same question: what is the value in dollars and cents of such an incident? I cannot imaging any self-respecting lawyer taking such a case.

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17y ago

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