你是 hourly，還是 salary？

如果是 salary, 那你誤工沒損失。

說說 day care 吧。這種 professional establishment 有很高的責任要求，尤其是對你的兒子，因為他是 invitee. day care need to actively discover and fix any potential danger, and disclose potential latent danger to invitee.

it's possible that you have a case of negligence against the Day Care. but establishing negligence is quite complicated, need duty, breach, causation, harm, and damage. I am not sure you can handle all these elements on your own in a small claim court.

the main argument will be whether they breached their duty to your child, and whether the damage is foreseeable to a "reasonable" day care business. Reasonable is not measured as what is reasonable in your opinion. It is an objective standard. you need case law to prove your point.

If you really wants to sue, I suggest you contact a lawyer.