Physical Abuse

Helping Parents Receive Justice After Physical Abuse in a Daycare

Many parents lean on daycare these days, as few people can afford to stay at home with their child. When parents hire daycares to watch over their children, they do so with the understanding that their children will be taken care of and kept safe. Sadly, many daycares are negligent in their hiring practices, and abusive caretakers are given access to your child. While you cannot reverse the abuse that has already happened, you can make sure your child is safe now and hold the abusers responsible for their actions.

Doing so, however, will require help from top daycare abuse attorneys. Thankfully, we have years of experience going up against insurance companies and can guide you through this difficult and emotional process. For a free consultation with a compassionate attorney, contact us. We are ready to help you.

What Is Physical Abuse?

When most people think “abuse,” they picture what is known as physical abuse. Physical abuse is when the abuser hits, kicks, or otherwise physically harms the victim. This kind of abuse can take on many forms, and some may not be immediately noticeable. Kinds of physical abuse that your child might be suffering from include:

• Biting

• Pinching

• Slapping

• Hitting

• Kicking

• Burning

However, physical abuse can also come from caretakers purposely putting your child in a physically dangerous situation: for example, if they allow your child to play with a hot pan, climb on unstable objects, or encourage other children to hurt your child. It is very possible that your child is being physically abused despite never being touched by a caretaker. Remember, a caretaker’s job is to keep your child safe at all times. If they fail in this job, especially if they fail repeatedly, then your child will be the one who pays the price.

How You Can Combat Physical Abuse in a Daycare

The first step to combatting physical abuse is to spot the signs. It is possible that the caretaker has threatened your child to keep quiet, or otherwise bribed your child with treats, positive attention, and toys. Do not expect your child to be forthcoming about the abuse, even if you have established an open relationship. It may be up to you to see the symptoms of abuse that your child or other children at the daycare are displaying. Some clear signs of physical abuse include:

• Unexplained injuries, such as bruises, cuts, or burns

• Injuries that do not seem to match the given explanation

• Sudden changes in mood

• Withdrawal from friends and family members

• Lack of interest in otherwise loved hobbies

• Sudden anxiety, depression, or other changes in personality

• Reluctance to go to daycare

• Fear of caretakers or other children

If you notice these signs in your child, he or she may be physically abused. Keep in mind that some physical abuse may not leave noticeable marks on your child’s body. For example, the caretaker may give your child a hard pinch, or a severe spanking, rather than a forceful hit or kick. That could result in your child being hurt, but not having any bruises or cuts to show for it. That is why watching your child’s behavior is so important. Keeping an eye out for these signs and stepping in quickly is key to ensuring that your child is able to stay safe and develop into a healthy adult.

The Dangers of Physical Abuse

Physical abuse can have long-term consequences. First and foremost, children are fragile. An abusive adult could easily cause permanent damage to your child. That may take the form of brain damage, or a spinal injury, or severe scars and disfigurement. While plenty of people are able to live full and happy lives with a disability, it will still impact the jobs your child is able to have, the hobbies they can participate in, and their ability to live independently.

On top of that, abuse of any kind can have a serious impact on your child’s mental development. Children need proper stimulation and care in order to grow up to be well-adjusted adults. Abuse can cause a child to develop depression or anxiety, or experience lasting trauma. Your child’s ability to make friends could also be impacted, leading to your child becoming isolated and anti-social.

These kinds of mental difficulties could also cause your child to be re-victimized. Many abusers seek out children who have been abused in the past, due to the fact that they are unlikely to speak out and may even be compliant. This further abuse can lead to your child developing a sense of self-hatred, blaming the abuse on his or her own inability to stop it. Stepping in and making sure that the caretakers responsible for your child’s abuse are held responsible is key to making sure your child gets the help he or she needs to heal, both physically and emotionally.

Determining Liability

If you suspect that your child is being abused at daycare, then remove your child from that environment. There is nothing more important than your child’s safety. After removal, you then need to determine just who is liable for your child’s injuries. When it comes to abuse in daycare, there are usually two groups that could be considered liable.

The caretaker: The abuser is always the first liable party. A caretaker should know how to treat children properly, and abuse is never acceptable. When you are putting together a claim, the first party you should consider to be at fault is the caretaker who hurt the child to begin with.

The daycare: However, the caretaker may not have been acting alone. The daycare itself could encourage abuse, or, at the very least, not report obvious signs of it. The manager at a daycare is responsible for making sure caretakers are properly trained and monitored. If they fail to do so, and thus put a child’s life and safety at risk, then management should also be considered liable.

On top of that, if the daycare is part of a chain that is owned by a larger corporation, then the corporation may also be at fault. Just as the daycare is responsible for its staff, a corporation is responsible for its daycares. That being said, holding a daycare liable for your child’s injuries may not be an easy process. They will fight the claim, and will do their best to disprove the abuse, or even blame your child for it. Thankfully, there are people you can turn to for help during this trying time.

Contact Skilled Daycare Abuse Lawyers Today

As parents ourselves, we of The Husband & Wife Law Team understand the desire you feel to protect your child. No one should be allowed to abuse a child and get away with it. That is why, if your child has been physically abused by daycare staff, you should speak to a member of our team at The Husband & Wife Law Team, immediately. Our daycare physical abuse lawyers are experienced with serious injury cases, and know what you need to do to hold the abusers responsible. To find out more about your legal options, contact us today.