When a daycare worker allegedly struck special needs children, attorney Brian Dettman filed lawsuits against both the worker and the facility. The complaint includes claims of battery, vicarious liability (the business is responsible for workers acting in their role), and negligent hiring, training, and supervision.
The response from viewers was emotional. ‘As someone with disabled siblings, my heart goes out to the children and the families of the children,’ one wrote. ‘I hope for the optimum result for everyone involved.’
Children in special needs care are exceptionally vulnerable. Facilities that serve them have a heightened responsibility to hire patient, qualified staff and to supervise them appropriately. When they fail in that duty and children are harmed, legal action may be the only way to hold them accountable.
If your child has been injured in a daycare setting, documenting what happened and consulting with an attorney is an important first step.
*Comments referenced above are from social media discussions, not client testimonials, and were accurate as of the time this article was created.*
Special Needs Daycare Lawsuit: When Caregivers Fail Vulnerable Children
Lawsuit: Two children versus special needs daycare and employee. I represent many children against daycare facilities.
https://www.tiktok.com/@dettmanlawinjurylawyer/video/7555547271912262942
I just filed two lawsuits on behalf of some special needs children against a special needs daycare and a worker at the daycare. The complaint alleges that the worker at the daycare struck the two special needs children. There’s also claims of what’s called vicarious liability – that is essentially that the owner of the business is responsible for the workers when they’re acting on behalf of the business. There’s also a complaint that says there was negligent hiring, training, and supervision. You would think that when you’re hiring people to deal with special needs children, they need to be extra specially patient because the children are exceptionally vulnerable. Unfortunately, it does not look like that happened in this particular circumstance, so we filed a lawsuit. We attempted to get the case resolved without the necessity of a lawsuit, but when you’re dealing with insurance companies, sometimes they do stuff that I disagree with, probably on an hourly basis. So we could not come to an evaluation that both parties agreed to, and we had to file lawsuit.
