Families File Lawsuits Against Florida Daycare After State Drops Child Abuse/Neglect Charges

Two families have filed lawsuits against a Florida daycare days after the state attorney’s office dropped child abuse charges against a caregiver who was working there. The alleged child abuse occurred in February. One employee of the daycare was arrested after the incident. However, the state attorney said that they did not have enough evidence to proceed with the case.

The plaintiffs are two moms who are upset that the child abuse charges were dropped against their children’s former teacher. Both plaintiffs have filed separate civil lawsuits this week after they said that their children were hurt or injured by caregivers.

A report issued by the Department of Children and Families (DCF) said that one of the plaintiff’s sons had his head pushed down on a table, his hands slapped, and his arms and wrist yanked. According to the DCF report, the conduct was captured on CCTV. At the time of the incident, the plaintiff’s son was 4 years old and had a speech delay.

In a separate incident, the other plaintiff contends that her daughter was left in a storage room for 20 minutes without supervision. The DCF report indicates that the caregiver admitted in a signed affidavit that she kicked and slapped the child in the back of the head. She says that her daughter is still dealing with trauma from the abuse months later.

Analyzing the lawsuits

Part of the problem for the plaintiffs and the reason why the charges were dropped is because Florida is one of 19 states where corporal punishment is considered legal. According to the statute: “Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.”

The state attorney’s office told the press in a statement: “Because the involved actions did not cause physical injury and was administered in response to the child failing to obey the instruction of the defendant, it falls within the permitted actions of a parent and thus a person acting in loco parentis.”

The parents will need to establish that their children suffered a physical injury as a result of the conduct. You can only sue for an emotional injury when there is a co-occurring physical injury. The parents can prove that the employee slapped, kicked, and punished the children, but can they prove that the children were injured as a result of that conduct and to what extent were the children injured?

Talk to a Tampa, FL Daycare Injury Attorney Today

If your child is injured at daycare, either by an overzealous teacher administering corporal punishment or by an act of negligence that leaves your child injured, you are entitled to recover damages related to medical expenses and pain and suffering. Call the Tampa personal injury attorneys at The Matassini Law Firm today to schedule an appointment and we can begin discussing your allegations right away.

Source:

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