Daycare Responsibility for Injuries to Children

If my child is injured at daycare, the personal injury and premises liability laws of your state will control the circumstances and extent to which your day care will be held liable. To establish a claim for negligence, you must prove that your daycare had a duty of care, breached the duty of care, and then because of that breach, caused an injury to your child.

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What is slander?

Slander is a spoken defamation. Defamation or defamation of character is spoken or written words that falsely and negatively reflect on a living person’s reputation.

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Are insults and epithets considered defamation under the law?

Insults and epithets are usually not considered to be defamation because they are emotional outbursts and the intent of the person is to show displeasure or dislike. They are not normally meant to harm the person to whom they are directed, so would not generally meet the criteria required under the law for a defamation suit.

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Pain & Suffering From Emotional Distress

Calculating pain and suffering on emotional distress by a bystander or witness to accident. A claim for pain and suffering based on being a’bystander’ at an accident rather than the direct victim of the accident is brought as a claim for negligent infliction of emotional distress (NIED).

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Intervening Cause

An intervening cause is a separate omission or act that breaks the direct connection between the actions of the defendant and a loss or injury to another person. As a result, intervening cause may be used as a legal defense in a civil lawsuit.

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