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What if a Child is Hit, Assaulted, or Otherwise Harmed at a Day Care Center?

By David A. Wolf, Child Injury Lawyer

Toy Blocks E & AIn Minnesota and other States, working parents rely on day care centers so that the parents can provide for their children.  While parents, given a choice, would have one parent at home or a family member at home to raise the child during the tender years, the economic realities of life make it necessary to put a child in a day care program.  Some day care programs are excellent while others are operated by ill equipped and trained people who open a day care center for the sole purpose of making a living.  The substandard day care centers often fail to get licenses, fail to train their staff, and fail to look after the best interest of the child.  In addition to training of staff and maintaining a safe environment, there is something else that is needed in every day care center in the form of “patience”.  It is well known that children, especially infants, will cry and fuss.  Because of this, it does take a certain temperament, personality, and, yes, patience to properly care for a child in a day care center.

A bizarre set of facts took place recently in Minneapolis, Minnesota.  It was reported that a day care center provider got fed up with her job and placed a child in a noose to hang the child. The day care provider then took off in a vehicle in a hurry and then got into an automobile accident that was reportedly her fault.  You can read more about these incidents at Day Care Center Faces Criminal Charges in Minneapolis Minnesota Following Hanging of Baby.

The incident that took place in Minnesota happens in one form or another throughout the United States. In other words, some child care providers look their temper and take it out on the infant, toddler, or child enrolled in the day care center in the form of corporal punishment, assault, battery, and other horrendous acts.   Many day care center staff workers lack the patience, training, and personality to do the job.  The fact is that children will cry and, yes, will misbehave.  Children are far from perfect; however, these imperfections are well known any time that a person opens up a day care center or works at a day care center.  To the best of my knowledge, there is no day care center in existence with perfect children who never cry or misbehave.

When a child suffers personal injuries as a result of the negligence or intentional acts of a day care center employee, administrator, or owner, a parent should seek out legal advice to determine the applicable legal rights of the children and recommended courses of action for the enforcement of these rights.  Certainly, if a child’s rights are violated by the bad and sometimes criminal acts of a children, a parent should reach out for legal advice and report the incident to law enforcement and the applicable social service agency.  There are a number of factors to consider and evaluated when reviewing the merits of a civil personal injury case on behalf of a child victim.   These factors include but are not limited to:  injuries sustained, medical treatment received, medical bills incurred, liability insurance in place, and other factors.

David A. Wolf is a personal injury attorney and child safety advocate who has dedicated the span of his legal career to the protection and enforcement of the rights of children.   He is the author of several books including the book titled – Broken Trust – Abuse, Neglect, and Molestation – The Legal Rights of the Injured Child.  These book has chapters on Medical Care, Treatment, and Documentation of Injuries, Injuries Associated with Child Abuse, Shaken Baby Syndrome, Head Injuries, and Traumatic Brain Injuries, Wrongful Death, Sexual Abuse, and other topics. You can get this book for free at Broken Trust – Abuse, Neglect, and Molestation.