Oklahoma Daycare Molestation Attorney
Few crimes are as heinous as the molestation of innocent children at daycare centers. Someone taking advantage of defenseless children is every parent’s worst nightmare. Daycare centers are settings where parents are supposed to feel safe leaving their children. Unfortunately, some daycare center employees are criminals, while others are negligent in preventing child-on-child sexual touching. If you believe your child has been the victim of sexual molestation, assault, or rape in Oklahoma, contact the lawyers at Bryan & Terrill Law right away. We want to help parents fight against this intolerable crime.
Civil vs. Criminal Cases for Daycare Molestation
Molestation is an intentional tort, or wrongdoing. As such, it comes with the potential for criminal and civil claims against the offender. This is not the case with personal injury lawsuits that center only on negligence. Molestation is illegal, and therefore the offender faces criminal penalties for his or her actions. It is up to the state to bring criminal charges against a molester and/or daycare center for child molestation. Prosecution of the criminal may result in a conviction, which can then serve as evidence in a civil claim.
A civil lawsuit for child molestation can result in payment for the child’s harms. These include physical pain, emotional suffering, mental anguish, psychological damage, and personal injuries, as well as any medical bills and other financial losses the molestation may have caused. It is up to the parents of the allegedly molested child to bring a civil claim with the local courts. Parents will have two years from the date of the incident to file a personal injury claim in Oklahoma. Missing this deadline can mean the courts refusing to hear the case, even if it has merit.
Seek Legal Help for a Daycare Molestation Lawsuit
The parents or legal guardians of a child molested at daycare may bring a civil suit on a number of grounds. They could name the offender as a defendant for intentionally causing harm to the child. They could also identify the daycare center as a defendant, for negligence or vicarious liability. Daycare centers, as businesses, are legally responsible for the actions and behaviors of employees. They are also responsible for maintaining safe hiring and training procedures. This includes screening candidates for criminal histories, and training staff members to detect the signs of child sexual abuse.
Other defendants in a child sex abuse case may be bystanders who witnessed the act without helping. It is possible for both the child victim and his/her parents to sue for daycare molestation. The child can sue (using parents as representatives) for personal pain and suffering, while parents or caregivers can sue for the harms of knowing that their child suffered abuse. While there is no cause of action in the civil courts for “child sexual abuse” specifically, parents can bring these claims as acts of assault, battery, or intentional or negligent infliction of emotional distress.
Always retain an attorney for cases involving child molestation, especially when the incident occurred at a daycare center, school, or other such facility. A lawyer can help you protect your rights and go up against insurance companies and government entities in Oklahoma. To speak with an experienced molestation attorney, contact Bryan & Terrill Law. Call (918) 935-2777 to get in touch with someone directly.