Legally what is my nest step if my 3 year old son was sexually abused by another child at his daycare center?

UPDATED: May 29, 2012

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Legally what is my nest step if my 3 year old son was sexually abused by another child at his daycare center?

I pulled him from the center the next day and reported it to the center I also made a police report with my locality and child services. Nothing was done for my son. Do we have a sound case?

Asked on May 29, 2012 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Definitely speak with a personal injury attorney. You may have a case against the child's family, if his or her act was so far beyond what any normal or reasonable child of his or her age would do that it would be considered a wrongful act even for such a child. You may also have a claim against the daycare center if they were negligent, or unreasonably careless, in how they were supervising the children, and that's what allowed the assault to happen. It is worthwhile to consult with experienced counsel about what your recourse might be.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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