The Loophole that Made Negligent Daycare Worker’s Pay for Their Abuse!
In today’s fast paced digital world, with everyone constantly on the go, things can often get hectic and with everyone always running to or from work – one of the most important things in the lives of any young married couple, is child care! In the state of Florida, more young people than ever before are living in households with a specific dynamic – including both a husband and wife, under 35, who both work corporate jobs and at least one child, anywhere from the ages of 2 to 4 years old, just below the cutoff to make it into most schools! For these young couples of the modern age, daycares have become the respite to all their childcare problems, its simple, wake up at 6, breakfast at 7, out the door by 7:15, drop the kid off at daycare by 7:45, get to work by 8:50 – for a full day of corporate raiding! Seems simple enough, and it is until things go awry. As the top personal injury lawyer Sun City Center has to offer, Ms. Anissa Morris, Esq. this situation play out too many times, and it is gut-wrenching every time. But as young parents, who love their child, how would you feel if the people you trusted, paid and tasked with caring for your young child, every single day, were to hurt and abuse them. For many parents the thought is simply too much to bear, but there are over 14 million preschool aged kids in daycare every day – and many of those children are being abused. As a parent in these instances, you have one course of action to take, hire someone like Anissa Morris, the top personal injury lawyer Sun City Center has for child endangerment cases, and file a personal injury lawsuit and get the justice you deserve!
Before we explain more about the process, lets delve deeper into the daycare aspect – in the event you file suit, its vital you get every single detail about everything. Most child daycare is conducted outside the child’s home, and most of the cases of abuse happen in a variety of settings, including:
· Child Care Centers that are licensed by the state. These places are usually stand-alone facilities but may be located in a church or community center. With a staff that includes employees who are trained in early childhood development
· Family, Friend, or Neighbor care providers are like Family Child Care in that the child is cared for in the provider’s home. For some parents, this is their only option for infant care when the mother returns to work. There is no licensing or monitoring, and caregiver experience may vary.
· After School Programs – For children ages six through fourteen is usually located in the school or nearly recreation center. The caregivers are trained in child development, the activities are age appropriate, and the staff is supervised.
These are important to understand, and make note of – as many daycare centers in the abuse lawsuits, have hid behind these, however, because of lawyers like Anissa Morris, the top personal injury lawyer Sun City Center has in practice, they no longer can.
One of the roadblocks with most of these care centers is that they include language that says that you give up the right to sue the daycare provider if anything bad happens to your child, called a “liability clause” or “indemnity clause.” In this situation, both liability and indemnity mean the daycare provider’s responsibility to pay for any harm to your child. However, due to a loophole in these clauses, Anissa Morris, the top personal injury lawyer Sun City Center has to offer and her partners were able to file suit on behalf of the actual child, as the parent cannot sign away THE CHILD’s right to seek damages, only their own – and very few daycares will ask the child for their signature – nor will it likely be valid. There have been plenty of daycare lawsuits brought by parents who signed agreements with an indemnity clause. In almost every case, the courts have decided it’s against public policy to relieve daycare providers of liability if a child is hurt while in their care.It’s inappropriate for parents to sign away their child’s rights to compensation before an injury occurs. To do so would open the door for daycare centers to act negligently without concern about liability for their actions, especially against an innocent and defenseless child. Using these grounds, we are able to obtain compensatory damages on behalf of your child, for the pain a daycare employee or group of employees may have caused. For more information on all manner of Personal Injury claims, be sure to contact us today.