Bloomington Daycare Abuse Attorney
When parents engage the services of a daycare provider, they assume their children will be well-cared-for and safe. If a child is injured because a facility or caregiver was negligent or purposely abusive, you may be eligible to take legal action to recover damages.
Our Bloomington daycare abuse lawyers understand the anger and deep emotional distress experienced by parents of children abused while at daycare. We secured a $13.5 million verdict on behalf of a three-year-old boy who suffered both sexual and physical abuse at a daycare facility. TSR partners, Rich Ruohonen and Chuck Slane were selected as Minnesota Attorneys of the year in 2016 for their dedication in pursuing justice for this child and his family.
If you suspect that your child is a victim of neglect or abuse at the hands of a Minnesota daycare center, we are prepared to help. Contact our offices to schedule a completely free and confidential consultation to review the details of your situation and learn what legal options may enable you to pursue justice and compensation for your child. Since we operate on contingency, we do not collect any attorney fees unless we win money for you.
Call our offices now - or anytime, day or night. Our phone lines are always open. Ph: (612) TSR-TIME
Do I Have a Case Against the Daycare Provider?
Proving a daycare provider or caregiver is liable for your child’s injury is not easy. There are certain elements that your attorney must prove in order to establish that your child’s caregiver acted negligently:
- Duty of care – Proof that a daycare center or individual owed your child a duty of care.
- Breach of duty of care – Proof that the caregiver breached the duty of care owed to your child.
- Causal link – Proof that the breach of duty of care caused your child to sustain injuries.
- Foreseeable – Proof that the injury should have been foreseen by the caregiver.
- Proof of the extent of your child’s injuries – Supporting evidence that shows how the injury occurred and that the daycare facility or individual provider was responsible for your child’s injuries.
It is also worth mentioning that if a licensed daycare center receives a citation during an inspection, and your child is later injured at that facility in a manner that relates to the original violation, your Bloomington daycare abuse lawyer may be able to use it as evidence to strengthen your case for negligence. It may also benefit your case if you can prove the previous citation was never sufficiently addressed.
Can I File a Lawsuit if I Signed a Liability Waiver?
Childcare facilities often make parents sign a liability waiver prior to enrollment. Parents may believe this prohibits them from taking legal action if their child suffers an injury.
However, these waivers usually do not hold up in court. They are simply a tool that is used to intimidate parents into thinking they have no right to take legal action if an injury occurs.
Whether you signed a liability waiver or not, you should discuss your situation with a licensed Bloomington daycare abuse attorney.
Who May Be Liable for Daycare Abuse or Neglect?
In Minnesota, there are many parties that could be liable for neglect, injuries or other forms of daycare abuse that a child sustains while under the care of a licensed daycare center, including:
- Individual residential or non-residential caregivers
- Volunteer associations
- Corporations or partnerships
- Any other residential or non-residential facility that provides care to children under the age of 14 for any part of a 24-hour day on a regular basis
What Are The Minimum State Laws For a Daycare Facility in Minnesota?
Daycare providers in Minnesota are required by law to maintain a reasonable standard of care, and it is the duty of that provider to extend that duty of care to each child enrolled at that facility. At a minimum, there is an expectation that the daycare center will provide:
- The state-mandated caregiver to child ratio
- Appropriate medical care with easy access to a first aid kit
- Trained staff who meet all state credentialing and educational requirements appropriate for their role and who have also obtained basic first aid and CPR certifications prior to starting to work
- Proper daily nutrition
- Regular and adequate access to water
- The facility, and extended grounds of the facility, must meet all state requirements for a safe and clean environment as defined in Minnesota Administrative Rules 9503.0155
If the facility responsible for your child’s care fails to meet these standards, you may be eligible to pursue compensation for any harm he or she has suffered.
Minnesota requires all residential and non-residential daycare facilities to obtain and maintain a license. There are a few exemptions to that requirement, such as when the caregiver is a relative. However, unless a childcare facility or individual caregiver qualifies as an exception, it is a misdemeanor in Minnesota to operate as a daycare facility without a license and a court order may be obtained to stop a non-licensed facility from operating.
Call our office today to learn about your legal options. Ph: (612) TSR-TIME
Types of Daycare Abuse
There are many types of injuries a child may suffer at the hands of a caregiver. The injuries may not always be physical, but any type of psychological injury can be equally traumatic to a child:
- Caregiver Negligence – If staff fail to supervise or properly care for children, serious, sometimes life-threatening injuries may occur.
- Injury Due to Safety Code Violations – Sharp corners, uncovered electrical outlets, improperly secured furniture, unsafe play areas can all lead to injuries, especially for small children who are unaware of the potential dangers.
- Emotional Abuse – When a teacher, staff member, aide or even another child resorts to acts of intimidation, bullying, humiliation, verbal abuse or even ignoring a child, severe psychological damage can occur.
- Physical Abuse – This refers to any type of slapping, punching, dropping or other abusive behavior that injures a child.
- Sexual Abuse – The most heinous of all types of daycare abuse. The attacker may be another child or even a staff member
Common Signs of Child Abuse
Child abuse or neglect often results in your child strongly acting out in ways that are out of character, including:
- Sudden, extreme or unusual changes in behavior, such as aggressiveness, wild mood swings or becoming emotionally distant and withdrawn
- Unexplained, atypical and frequent injuries for normal child play – including welts, bruises or cuts to unusual parts of the body (face, buttocks, back, arms or legs)
- Sudden onset of frequent nightmares or bad dreams; bedwetting
- Demonstrating behavior that indicates an unusual or inappropriate interest or understanding of sexual matters, given the age
- Urinary tract infections (recurring), scratching or visible soreness around the genitals (may be hard for a child to sit or wear certain clothing without discomfort)
- Bloody stools
- Regressing to infant-like behavior, such as thumb sucking, head banging, rocking
What are the Signs of Negligence?
There are certain standards that state and federal laws require and deem necessary for a daycare facility to be able to provide a reasonable level of care. State inspections exist to help eliminate known dangers that occur when these standards are not maintained by the daycare facility. Common signs these standards are not being met may include, but are not limited to:
- Inadequate caregiver to child ratio as required by Minnesota Department of Human Services
- Small choking hazards, like paper clips and push pins, left out where a child could grab them
- Cleaning supplies with dangerous chemicals left in unlocked places and within reach of children
- Frequent bruises, cuts or more serious injuries, such as a broken bone
- Your child often comes home unusually hungry or thirsty
- The demeanor of your child has become withdrawn, fearful or aggressive
Why Does Daycare Abuse or Neglect Happen?
There are many different reasons why daycare abuse or neglect happens, even if the facility is a state licensed daycare center. Some of the most common reasons that acts of negligence or abuse at a daycare facility occur include:
- Lack of staff training
- Inexperienced workers
- Inadequate background checks
- Negligent or flawed security
- Insufficient monitoring of staff
What Do I Need to Build a Case Against a Daycare Facility?
After removing your child from immediate danger, it will help your attorney to build a strong case if you gather as much tangible evidence as you can from your child’s experience, including:
- Photos of your child’s injuries, along with the date and a copy of the facility’s report explaining how it happened
- Documented witness statements, along with contact details
- Any pertinent medical records or bills related to your child’s injuries
- Police report
- Pictures of the facility and where the incident happened
- Personal journal of your child’s behavior changes, what they are and when they started
How Can an Attorney Help Me Get Justice For My Child?
A daycare abuse case can quickly become complicated and take a long time to be resolved. This is why we recommend hiring an experienced Bloomington daycare abuse lawyer who is also well-versed in Minnesota laws and can obtain evidence to bolster your claim.
For example, our lawyers know how to obtain inspection reports on your child’s daycare facility to find violations of state requirements or other problems.
At TSR Injury Law, our attorneys know how to investigate an accident and help you gather the evidence that you will need to support your claim. We are dedicated to pursuing justice and holding caregivers accountable for acts of abuse and negligence against children.
Complete our Free online Case Evaluation form today.
How To Report Daycare Abuse in Bloomington
If you are concerned that your child may be in a situation that exposes him or her to abuse or neglect, we urge you to remove them from that childcare facility and call 9-1-1 to inform the police and local authorities. Additionally, you should contact Minnesota child services for your county for additional resources and information.
Contact a Bloomington Daycare Abuse Lawyer
At TSR Injury Law, our Bloomington daycare abuse lawyers are prepared to help you. Call our office for a free and confidential review of your claim. There is no obligation to go forward with hiring us to represent you; the choice is yours.
Since we operate on a contingency basis, we do not charge up-front fees to represent you. If we do not win a favorable verdict or settlement, we do not get paid.
We understand compensation cannot change what happened, but it can provide the funds your child needs for medical care and treatment for emotional and psychological issues.
Call us now to get started. Ph: (612) TSR-TIME