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Who Can Be Held Accountable in a San Antonio Daycare?

Daycare providers in the state of Texas have been cited for neglect and abuse 3,200 times in the last decade, according to investigative reporters at the Austin American-Statesman. Unforgivably, children in San Antonio Tx continue to remain vulnerable to improper and illegal conduct by daycare employees. But fortunately, there are legal actions you can take if you or a loved one has been the victim of child sexual abuse at a daycare center.

Our Texas child abuse attorneys at Carabin Shaw are here to litigate aggressively on behalf of daycare abuse victims. Our team of experienced lawyers marries the resources of a big law firm with the compassion of individuals dedicated to helping victims of negligence and abuse.

What Legally Constitutes Child Sexual Abuse?

It’s important to clarify what constitutes sexual abuse of children, so you can clearly state your case when seeking legal action against a daycare abuser. The following are acts that are considered child sexual abuse by law:

  • Someone exposing themselves to a child
  • Showing imagery of a sexual nature (such as games, pictures, videos, etc.) to a child
  • Touching a child’s genitals or breasts
  • Forcing a child to masturbate or watch while they masturbate
  • Making a child watch any act of a sexual nature
  • Making an obscene phone call or sending obscene texts to a child
  • Having sexual intercourse with a child

It is also important to note that the above list is not exhaustive. It’s best to speak with a child sexual abuse lawyer serving San Antonio who can advise you on the particulars of your case.

Are You Legally Eligible to Sue?

Both the child who experienced the abuse, as well as the child’s legal guardian, are eligible to sue an abuser.

If the child is the plaintiff, they are typically represented in the lawsuit by their guardian. The child can sue for the harm they suffered as a result of the abuse, including physical and emotional harm.

The legal guardian can also sue for harm they endured as a result of their child’s sexual abuse, as well as for any emotional anguish they suffered.

Who Are You Able To Sue?

There are several options available to victims of sexual abuse in a San Antonio daycare.

  • You can sue the employee who perpetrated the assault.
  • You can also sue the daycare center where the abuse took place.

This is particularly significant when the abuser does not have the assets or the insurance to provide adequate compensation. In addition, any entity that was negligent in allowing or preventing the abuse, such as a business, school district, the daycare owner, the daycare’s management, or a corporation that owns the daycare, could be held accountable.

Keep in mind there are two types of sexual abuse lawsuits: criminal and civil. Attorneys representing the state of Texas may bring a criminal case against the abuser. If successful, that criminal case could result in jail time or other consequences for the perpetrator. A criminal case will not, however, result in monetary compensation for you, the victim.

What you can do is file a civil lawsuit. If you win your civil case, you may be entitled to a settlement. Our San Antonio personal injury lawyers are here to answer your questions about your best options.

Carabin Shaw Fights for You | Free Consultations

Victims of child sexual abuse in San Antonio daycare centers deserve to be compensated for their pain and suffering. It is the mission of our Texas child abuse attorneys at Carabin Shaw to help victims recover every penny of compensation that they are legally entitled to.

That is why we offer a free initial consultation to all daycare abuse victims and their families. Call today for your free case review at our toll-free number: 800-862-1260. Staff who speak both English and Spanish are standing by to answer your questions 24/7.

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

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