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Holding a Dallas Texas Daycare Responsible for Child Sexual Abuse

When you entrust your child to a daycare or other caregiver, you should be able to rest easy knowing they are safe. Sadly, this isn’t always the case. In one calendar year, research showed that over 5,300 American daycare providers were abusive or neglectful. If your child has been the victim of sexual abuse in Dallas Tx, their daycare can be held responsible.

Texas child injury lawyers at Carabin Shaw have been fighting for victims’ rights and advocating for our clients for nearly 30 years. We want to help your family get justice in this difficult time.

Duty of Care in Sexual Abuse Cases

Daycare workers who sexually abuse children deserve to be punished to the full extent of the law—but they may not be the only liable party. The facility owner or operator (including individuals, corporations, school districts, or government entities) also has a duty of care. This means they have a legal obligation to protect your child, including establishing good policies and hiring quality workers.

Screening and Supervising Daycare Workers

After a man was sentenced to 40 years in prison for sexually abusing children at an in-home Everton daycare, his mother—the owner of the daycare—was investigated for neglect and ultimately had her daycare license revoked.

This is because daycare owners and operators have a duty to hire the most qualified childcare providers for their facilities. If they fail to do this and one of their employees sexually abuses a child, the owner is partially to blame.

To prevent Dallas daycare abuse, providers should thoroughly screen potential employees by:

  • Conducting thorough interviews
  • Checking references
  • Running criminal background checks
  • Checking the Texas sex offender registry and motor vehicle registry
  • Requiring drug tests
  • Observing the applicant while working with children
  • Confirming educational credits

Once hired, employees should still be adequately supervised. Owners who do not supervise their employees, or who ignore warning signs, are breaching their duty of care and can be held liable for any misconduct.

Common warning signs that daycare owners and operations should watch for include:

  • Choosing the company of children over adults
  • Forcing children to show physical affection
  • Overly controlling a child’s activities with no regard for their preferences
  • Taking a special or inappropriate interest in one child
  • Disrespecting a child’s right to privacy
  • Yelling, hitting, or grabbing children

If the individual, corporation, school, or other entity that runs your child’s daycare failed to adequately screen or supervise their employees and your child was sexually abused, you have options. Our Texas child injury lawyers at Carabin Shaw can help you hold them responsible.

Establishing Liability After Daycare Sexual Abuse

To successfully win a daycare sexual abuse claim, you need an experienced attorney to establish liability. Instead of suing the perpetrator alone—whose assets may not be enough to cover your damages—you may also have a case against the daycare owner.

When holding a Dallas Texas daycare responsible for child sexual abuse, your lawyer must establish:

Duty of Care

The daycare owner or operator had a responsibility to protect all children under their care.

Breach of Duty

The owner or operation failed to fulfill their duty. This could be hiring someone with a criminal history, failing to hire enough employees for proper supervision, or ignoring blatant signs of sexual abuse.

Causation and Damages

It’s not enough that the owner or operation breached their duty of care—your lawyer must show how that breach directly caused your child’s injuries or trauma.

Child sexual abuse attorneys serving Dallas Texas can help your family establish liability and pursue compensation for medical bills, lost wages, and more. Don’t face the unthinkable alone—get help from a lawyer.

We Can Help You Get Justice | Free Consultations with Carabin Shaw

Everyone who is at fault for daycare sexual abuse should be held responsible. Carabin Shaw wants to advocate for your family.

Contact us toll-free at 800-862-1260 for a free case review — we have English and Spanish-speaking representatives available to talk 24/7.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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