Day Care Sexual Abuse Case Leads to $3 Million Verdict
In January, a Miami-Dade jury awarded a young girl $3 million after hearing testimony about how she had been sexually abused multiple times while at day care in 2008. According to the victim and her lawyers, the employees of Discovery Day Care negligently failed to supervise the children in their custody, and that negligence ultimately allowed the sexual abuse to occur.
When she was five years old, the girl was molested on numerous occasions by the thirteen-year-old son of the day care center’s director (who no longer works there). The abuse apparently occurred during naptime, though even then the day care center’s staff should have been supervising the children. Though the boy denied the allegations, three therapists who had treated him testified at trial that he admitted to inappropriately touching the young girl. Before the civil trial, he plead no contest to sexual assault charges in the juvenile justice system and was sentenced to undergo counseling.
Attorneys for the young girl, now nine years old, claimed that she was traumatized by the experience. She is now afraid to look in mirrors because she sees monsters, including the perpetrator, and her mother has to cover them up. The day care’s lawyers, on the other hand, argued that $3 million was excessive because she had not proven that she suffered substantial pain and injuries from the abuse.Two other lawsuits against Discovery Day Care are pending, one brought by a child who witnessed sexual abuse and the other by second victim.
While sexual abuse is a particularly offensive crime, it just one of the many possible results of negligence by day care employees and management. When those entrusted with the care of children abandon their duties, children may be injured while playing, wander away, or, as in this case, be abused by other children or employees. If your child has been harmed at day care as a result of negligence, you are entitled to compensation for medical expenses as well as pain and suffering. An experienced personal injury law firm can help protect your rights and make sure that you are not forced to pay for consequences of others’ mistakes.
Page Pate is an accomplished trial lawyer with over 25 years of experience in criminal defense, civil litigation, and whistleblower representation. Page is listed in The Best Lawyers in America, Top 100 Lawyers by The National Trial Lawyers, and named to the list of Super Lawyers for the past 15 consecutive years. Page is a frequent expert legal analyst for local and national media and has served as an Adjunct Professor at the University of Georgia Law School. Read Page’s reviews on AVVO. Follow Page on Twitter @pagepate and on Linkedin.