As a parent or legal guardian, you have the right to bring a lawsuit against the daycare where your child sustained an injury. Daycare provider abuse and negligence that lead to injury include:
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 Office in Madison.
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.
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.
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.
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.
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.
Wisconsin State Statutes: Injury to the person. Wisconsin Statute § 893.54 (2024) Guardian ad litem for minor children. Wisconsin Statute § 767.407(4)
Here’s why!
I’m Linda my infant son was given a defective dose of a children’s medicine. I knew something was horribly wrong. We went in for a checkup and the clinic gave my boy a second dose without consulting me. The first injured the second nearly killed my son. I would have never allowed the second dose. I’m Attorney Victor Harding Warshafsky’s lead investigators discovered clinic records had been manipulated, heartless brutality. Warshafsky settled with the manufacturer for 2.6 Million and won 1.6 Million at trial against the second defendant’s insurance company. A child injured in heartbreaking. Without 4.2 Million in compensation this family would have been destroyed financially and would have suffered even more. A football player, actor or sign and settle lawyer will not win at trial and can only achieve a settlement the insurance company likes.
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.
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:
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.
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.
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
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.
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.
