Outside of their homes, young children spend most of their hours in school or daycare. It is not surprising that some of them might be assaulted in these settings, perhaps by a staff member. Some parents report being surprised by changes in their child’s behavior once they start going to daycare, but the parents don’t know the cause. After some investigation, and possibly therapy, they hear that a child has been molested.
Contact Stewart Miller Simmons Trial Attorneys. We have an established practice focused on bringing civil claims for sexual assault. Some of our clients were assaulted as minors, while others are parents who want to know their options. An Atlanta sexual assault lawyer can go into more detail in a consultation.
Who is Responsible for Molestation at a Daycare?
In these cases, we usually sue:
- The abuser. The person who committed the sexual assault is liable for their actions. This type of intentional act could warrant punitive damages. However, many daycare workers do not have any money and make low wages. So there is a limited possibility of getting them to pay anything in a settlement.
- The daycare. Depending on the facts, a daycare could have liability for the molestation. For example, they could have failed to use sufficient care when hiring their staff member, or they were lax in supervision.
The daycare will typically claim they had no idea and could not have foreseen that their employee would molest a child. We need to look closely at the facts. For example, they might not have even performed a background check on the staff member. Or management closed their eyes to suspicious activity, such as a staff member who pulled young children into closets or the bathroom. Daycares will tell a self-serving story, and our firm always gathers as much information as possible to fully understand their possible liability.
Can You Sue the State?
Probably not. The state licenses daycares, and you might think they are responsible for not uncovering the molestation. However, the state has immunity in many cases, which means a person cannot sue them without the state’s permission. Instead, you are more likely to have success pursuing the abuser and the daycare.
Advantages of a Civil Suit
Our firm can help with a civil lawsuit for sexual molestation. This isn’t a criminal case. It’s up to you if you want to report the molestation to the police. And, once reported, it’s up to the state to investigate and decide whether to bring charges. There are many reasons the state might not prosecute someone for molestation, including the passage of time and the strength of the evidence.
A civil claim has a lower standard of proof than a criminal case. We only need to prove it is more likely than not that the defendant molested the victim.
There are certain advantages to suing a daycare for one of their staff members molesting a child:
- Financial compensation. Sexual assault is often emotionally devastating. Although money cannot make up for being molested, it can help in other ways. For example, some child sex abuse victims struggle to get established as adults. They could drop out of school or be only casually employed. Financial compensation can help them gain an education or a stable home.
- Accountability. If the state chooses not to prosecute, then a civil claim might be the only accountability the defendant faces. Many clients report feeling satisfied that they have obtained some measure of justice.
- Forcing change. Businesses like daycares won’t clean up their act unless they have a financial incentive to do so. Seeking compensation might be enough to get them to change how they run their business. It could even create incentives for the entire daycare industry to improve the protection of children.
You will benefit from an experienced attorney who has brought many sexual assault claims. Defendants rarely admit liability in these cases, at least not at first. Stewart Miller Simmons Trial Attorneys has won billions of dollars for assault victims.
Time Limits
One major issue with child victims is figuring out the deadline for filing a civil suit. When an adult is assaulted, they can quickly go into court and protect their rights. But children cannot file a lawsuit because they are minors.
In most abuse cases, a child has until age 23 to file a lawsuit for an injury suffered when they were under 18. That gives them 5 years from the day they turn an adult. (O.C.G.A. § 9-3-33.1.) Some parents don’t want to wait but want to bring a case now, which is also an option.
Another critical issue is evidence. The longer you wait, the harder it is to find compelling evidence to prove the abuse happened. Other staff members at the daycare could leave their jobs or move to a different state altogether. The daycare might shut down.
Your testimony is valuable. However, every case benefits from other evidence—different witnesses, medical evidence, and so forth. Bringing a claim now can help bolster the factual foundation of a sexual assault claim.
Liability Waivers
Some daycares require parents to sign a liability waiver before they can even register or enroll their child. Daycares use these waivers to limit their legal liability in the event a child is injured.
Do not assume a signed waiver will prevent you from suing the daycare. These waivers might shield a daycare from certain types of simple negligence, but they are often ineffective. As an example, the staff might have observed a child being molested but remained silent. The daycare cannot hide behind the waiver to avoid liability.
Speak with Our Sexual Assault Lawyer in a Confidential Meeting
Going forward with accusations of sexual molestation is a difficult choice for many victims. They might fear no one will believe them, or they want to keep it secret. Let’s connect and talk about what happened. Our consultations are entirely confidential. We want to hear your story and learn more about your goals. Based on what you tell us, we can provide an overview of legal options, such as a lawsuit or confidential settlement. Call (404) 529-3476.