As a parent or legal guardian, you have the right to bring a lawsuit against the daycare where your child sustained an injury. In 2018, there were 4,971 unique child victims of maltreatment. That's almost 4 children for every 1000 children in Wisconsin. Daycare provider abuse and negligence that lead to injury include:
Don't wait to report daycare abuse, injuries, or neglect in Wisconsin
If your child has been physically or emotionally harmed at a daycare center, you should contact an attorney. Our Milwaukee and Madison personal injury attorneys have extensive experience fighting for the rights of victims of abuse. Besides bills for medical care, you may also be facing bills for psychological counseling of your child. If you have concerns about the care your child is receiving or the conditions at a daycare center, file a complaint with the Bureau of Early Care Regulation Regional Licensing Officein Madison.
What is the Statute of Limitations for filing a suit against a daycare center?
Wisconsin has a very lenient statute of limitations on civil claims pertaining to child abuse. Any legal action must be brought to the court before the victim reaches the age of 35. The statute of limitations for criminal cases is even more lenient: no limitation for first-degree sexual assault and for second-degree sexual assault the action must be brought to the court before the victim reaches the age of 45.
Forms of daycare neglect and abuse
As attorneys, we can only pursue a civil claim against a daycare provider to get compensation for damages you and your family have suffered as a result of the abuse. A negligence suit is filed when a daycare provider has been negligent in their obligation to keep children in their care safe. When abuse or negligence is the cause for your child's safety, Warshafsky Law is here to make sure they pay for the harm they cause.
Types of child abuse at daycare centers:
In 2007, the National Institute of Child Health Development conducted a study on the state of daycare in America. Their study concluded that most daycare operations offered only “fair” or “poor” care. Only 10% of the daycare facilities were rated as providing high-quality care. If you suspect abuse at your child's daycare but can't prove it, contact our Wisconsin private investigation attorneys to get concrete evidence you can take to court.
What is the difference between negligence and neglect?
Both negligence and neglect are grounds for legal action against a daycare provider, but what is the difference between the two?
Neglect is the failure of someone to care for a child after being entrusted to care for the child. A child that is unusually hungry or thirsty when they come home, a daycare that discourages drop-in visits from parents, and a daycare facility with little staff are some examples of neglect in the daycare industry that can help you win your case.
Negligence is the failure to meet the legal duty a daycare provider has to fulfill their duties. You may have a valid vase of negligence by a Wisconsin daycare center if your child is subjected to the following: not given food or water on time, denied access to the restroom, the diaper is not changed throughout the entire day, and the daycare gives the wrong medication to a sick/injured child.
Just How Bad Is It?
In April of 2013, a Milwaukee daycare center (Multicultural Community Services) lost its license after accumulating 116 rule violations over the previous two years. Inspectors witnessed teachers slapping children in the face, jabbing them with pencils, and telling them “shut the hell up.” It gets worse. On various occasions, the daycare center was cited for not reporting suspected child abuse. In one instance, the center failed to report to the state a child had suffered bad burns all over his body. One teacher even admitted to sexual abuse of a child. The worker was fired, but the daycare center wasn’t shut down for six months, even though the abuse had been reported to the state. What got the state to finally revoke the daycare center’s license? The licensee was charged with child abuse after hitting his daughter hard enough to give her a concussion! Yet, an investigation by Fox 6 News a week after the daycare center had their license revoked found the daycare center was still open. Why? Because under state law they are able to stay open while an appeal is pending (as long as the health and safety of children are not at risk) and have no obligation to inform parents of what is going on.
Daycare insurance policies and premises liability
The daycare facility you take your child to has premises liability insurance to cover accidents. Premises liability covers accidents happening on the property, including accidents on the playground and in the parking lot. We need to be able to prove the injury was caused by culpable negligence or intentionally inflicted. Warshafsky finds all the relevant details to prove your child was criminally injured or abused.
Daycare insurance coverages include:
Professional liability/errors and omissions (for negligent supervision)
Hundreds of thousands of dollars in Child Abuse coverage
Defenses for administrative hearings related to allegations of child abuse
Volunteers can be covered for abuse and negligence
Coverage for negligent or criminal medication dispensing
Coverage for negligent or criminal food preparation
Auto transportation coverage for non-owned auto liability
Regulated child care - what is it and why it matters
Under Wisconsin law, there are three classifications of daycare providers: Unregulated, Certified, and Licensed. Regulated child care facilities are preferable because they are required to conduct background checks of employees, have regular inspections, and comply with investigations. The 4 types of regulated child care are:
Certified Care (3 or fewer children under the age of 7)
Licensed Family Child Care (up to 8 children under the age of 7)
Licensed Group Child Care (9 or more children under age 7)
Day Camp (seasonal programs for 4 or more children ages 3 and up)
Should I hire a personal injury lawyer for my daycare provider abusing my child?
Yes. Hiring a personal injury lawyer will allow for a full legal team including a licensed investigator and an attorney with a M.D. to help you receive maximum compensation for your child’s injuries.
How do I report daycare abuse in Wisconsin?
Emergency? Call 911. Non-Emergency? Make a report with the Bureau of Early Care Regulation Regional Licensing Office, 262-446-7800. If there are injuries involved, contact Warshafsky Law at 414-276-4970.
Can I sue a daycare for hitting my child?
Yes, you can sue a daycare for hitting your child. A civil claim against the daycare can result in compensation for any related losses. These losses can include: - Pain and suffering - Cost of alternative child care - Cost of therapy or counseling - Compensation for lost wages - Medical bills
Who will pay for my child’s medical bills?
If your child got injured while at daycare and resulted in medical treatment, submit them to your health insurance until the case is resolved. Keep every bill. If the daycare is found to be guilty, contact a personal injury lawyer to help build the best care to get the maximum settlement for your case.
Can I sue the daycare for negligence in Wisconsin?
Yes, you can sue daycare for negligence in Wisconsin. There are two kinds of cases for the negligent supervision of children: 1. Your child was hurt because of the inattention of a caregiver 2. You, your child, or your property was injured when another person failed to supervise a child Common examples of negligent supervision of children include: - Injuries at daycare - Failure to protect children from the dangers of traffic - A child ingesting toxic chemicals - A violent child injures another child after a daycare fails to supervise the children.