When accidents or injuries happen at daycares, the daycare itself, as well as those persons personally responsible, can be held civilly liable under Kentucky Law to pay compensation to the child and the child’s family. In cases of accidents, it’s a personal injury style case, similar to another auto accident style case, slip and fall style case, or premises liability style case. In cases involving abuse or sexual assault, the types of claims usually involve legal actions such as assault & battery, negligent hiring, negligent retention, negligent supervision, or claims of failure to follow policies, as such are all factors that contributed to the abuse or assault being able to occur.
The Ackerson Law Offices (www.kyfirm.com) handle cases involving daycare injuries, abuses, and sexual assaults. Through the numerous lawsuits handled by the Ackerson Law Offices involving injuries and abuses to children, including those relating to daycares, the Ackerson Law Offices are experienced in protecting the legal rights of children and recovering monetary awards that compensate victims and punish those responsible.
On Monday, a Lexington Baptist Temple Daycare worker was arrested and charged with second degree criminal abuse, relating to a one year old child. The daycare is located on Armstrong Mill Road. Shirley Kaye Martinez, age 58, a worker at the daycare, was criminally arranged for an incident that allegedly took place on July 5, 2013. It is alleged that she struck the child in the face and jerked the child out of the seat. Even though the incident was alleged to have been caught on camera and witnessed by other adults, it was not reported to police until July 8th. The daycare involved is reported to have had numerous non-compliances with state regulations.
In a case such as this, the Kentucky legal claims are initially negligent hiring, negligent retention, and negligent supervision by the daycare itself. These types of claims related to the employee and the abuse are claims that can make the daycare and its insurance provider legally and monetarily responsible for what happened. In cases that involve children and physical abuse, there are factors that need to be examined that involve the potential mental trauma to the child, which can have long term negative impacts on the lives of these type of young victims.
Attorney Brent T. Ackerson and the Ackerson Law Offices are available to answer questions legal questions for families who have had a child injured, abused, or sexually assaulted.