Obviously, there is a difference between abuse and daycare negligence. For someone who’s found guilty of perpetrating daycare child abuse, there is generally a very long prison sentence ahead of them. However, the daycare facility itself may be liable for being sued for daycare negligence if they failed to prevent the abuse from taking place or, worse yet, contributed to an environment where the abuse was allowed to continue for a long period of time. Saying that a daycare facility was negligent isn’t the same thing as saying they were incompetent; it means that they failed to come through in the duties they owed you as your daycare provider.
Sometimes, a daycare facility is negligent because they fail to background check all of the employees at their facility. This may include a failure to run very simple checks, such as whether the people are actually licensed, or a failure to run more significant checks, such as a check to see if that person has any felony convictions. There have been cases where daycare facilities have been the sites of long-term sexual abuse. When a daycare facility does not prevent this from going on, they may be held to be negligent by a jury.
Whenever you run into a situation where abuse in daycare is allowed to go on, you have to ask the question of whether or not the daycare facility was actually negligent. In order to determine whether or not this is the case, you need to speak with a qualified attorney. There are some attorneys who have argued many of these cases and who have a particular expertise in this area. This can be very helpful when you’re determining whether or not to move forward with the lawsuit against a daycare facility that may have been negligent in their duties to you.
If you’re worried about being able to afford an attorney, find one who works on contingency. Not only does this arrangement allow you to skip paying any upfront legal fees, it also allows you to get a free consultation, in most cases. If you want to find out whether or not there is the potential that you could file a lawsuit and receive compensation for your child’s pain and suffering, as well as for the expenses that your family had to shoulder as the result of the abuse, you need to speak with a good attorney.