Daycare centers are entrusted with the care of children and are expected to act in loco parentis – in place of the parent – while children are under their control. Daycares must provide adequate supervision, follow all state guidelines for licensing and provision of care, and must ensure they exercise reasonable caution in all interactions with children.
Sometimes, daycare centers fail in egregious ways and children become victims of criminal acts. When that happens, parents may wish to hold those responsible accountable for the harm their child endured. In order to sue after a child’s sexual assault at a daycare center, the parents must first determine who was responsible.
Who Can You Sue After a Child’s Sexual Assault at a Daycare Center?
When a child is sexually assaulted at a daycare center, it is possible to file a civil lawsuit against the staff member(s) who committed the assault. A civil lawsuit is separate from any criminal proceedings that are brought by the state against the perpetrator(s). The purpose of the civil suit is to make defendants pay compensation to their victims.
The perpetrators, those who committed the crimes, may have limited assets and no insurance to pay compensation, but they may not be the only ones a parent can sue. Usually, in cases where children are sexually assaulted at daycare centers or schools, the daycare center or affiliated school district is also accountable.
If the daycare center is run by a corporation, the corporation can be sued. If the center is affiliated with a school district or government institution of any type, the government agency or district can be sued. Anyone who owns, operates, or manages the daycare center could potentially be held responsible when children are harmed there.
NBC Los Angeles reported on a record $139 million settlement entered into by one school district after children were sexually assaulted by a teacher on the school’s payroll. This case, called the Miramonte case, resulted in each child who had been victimized receiving approximately $1.7 million in compensation.
To file a lawsuit and obtain any compensation for losses from those responsible for operating or managing the daycare center, victims must prove the defendant was negligent in protecting the children, and the negligence caused or contributed to the assault occurring.
A daycare center may be considered negligent if it does not conduct background checks of staff or if its policies for protecting children are substandard. Negligent actions of employees on duty can also lead to liability of the daycare center, as the staff members act as agents on behalf of the center itself.
Contact a Long Beach Sexual Assault Lawsuit Attorney for Help
Your Injuries Are Personal to Me
My law practice has extensive experience representing children and families after sexual assaults occur. I work hard to ensure children and their parents receive the compensation they deserve after a traumatic experience.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. Bilingual services are available, and there is no obligation to you for scheduling a free case evaluation. I am available 24/7 so call now for help determining who to sue after a child’s sexual assault at a daycare center.
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