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Guys I dont say much around here just kinda chime in from time to time but Im kinda stuck between a rock and a hard place. Here is the story

Yesturday September 10 my 2 year old son was somewhat asaulted at daycare. the teacher picked him with one arm and slung him in a chair and once he started to cry because his arm hurt from where she picked him up she slung him by his other arm to a seperate table that was empty i guess so he wouldnt disturpt the rest of the classroom. My x wife didnt see the brusies on his arms until after she got him home and didnt call me until 9 pm last night. I filed a police report last night once i got pictures of him.

This morning i was sitting at the daycare when the doors opened wanting to talk to the owner/boss and i did get to see the video of it all and it only made me more mad just watching someone else hurt your son knowing that he couldnt do anything about it

Here is my question

Where do i go from here? Do i persue a lawsuit against the daycare or the teacher or both?

I hate asking for help but i really dont know what else to do

BTW this is a daycare in DeSoto County and my son has been there for a year and a half with NEVER a problem like this before

A. post up the name of the day care because someone else on this board might have a kid there and needs to know.

B. I would not go after the day care itself but more the individual that caused the assault.

c. If your in need of another daycare post up that also there are alot of good ones in town

Not sure what to tell you to do in regards to the daycare, other than find another place.. Maybe and individual that keeps kids. That worked out best for us. But a good one is still hard to find.

GET A LAWYER I know that you've heard me say this before, but it really sounds like you need one. (And no, I ain't one.)

My personal opinion is that criminal charges need to be filed against the individual teacher for assault. It sounds like you've got a case, especially with it being on video. Also, a lawsuit needs to be filed against the daycare AND the teacher, because they failed in their obligation to you in caring for your child.

This will accomplish several things, all good -

1) it will let everyone in the public know what kind of establishment this is, and they will not leave their children with these creatins.
2) it will hopefully teach these people a lesson that they cannot abuse the children under their care,
3) AND WILL NOT GIVE THEM THE CHANCE TO DO IT AGAIN.

Good luck with your decision, whatever you choose. And keep us posted.

You are a bigger man than I am for sure. I would have knocked the b*&#h out and taken my chances with a simple assault charge! For sure don't go after the owner unless she knew about it beforehand and chose not to address it. Charge the worker and sue the crap out of her. Not big on sueing people but if found guilty she will probably only have to pay a fine and have the jail sentence suspended.

by doing this it will also prevent this idiot from ever working at a daycare center again. She needs to be snatched up by her arm and thrown in a chair and the snapped up again.

drakechaser wrote:You are a bigger man than I am for sure. I would have knocked the b*&#h out and taken my chances with a simple assault charge! For sure don't go after the owner unless she knew about it beforehand and chose not to address it. Charge the worker and sue the crap out of her. Not big on sueing people but if found guilty she will probably only have to pay a fine and have the jail sentence suspended.

LAWYER UP ASAP......I would do whatever it took to punish the person that did this. I am effin pissed right now just by reading what happened. I have no sympathy for someone that does this, and you have to ask yourself how many times has he/she done this before? It is kind of like a dog that will bite. If he will bite you once, then he will bite again, and I sure as hell am not going to have my kid around a biting dog.

GET-N-RITE wrote:LAWYER UP ASAP......I would do whatever it took to punish the person that did this. I am effin pissed right now just by reading what happened. I have no sympathy for someone that does this, and you have to ask yourself how many times has he/she done this before? It is kind of like a dog that will bite. If he will bite you once, then he will bite again, and I sure as hell am not going to have my kid around a biting dog.

x2

Defiently a lawyer. Also if you know of any of the other parents as them about any problems they have have had. Precedent always looks good in a case and plays a big favor on your side. Also make sure you have a copy of the video tape those are easy to loose or "accidentally" record over in the daycare's case. Also give me the name of the daycare and the name of the worker and i'll post about it for you.

jbs38654 wrote:BTW this is a daycare in DeSoto County and my son has been there for a year and a half with NEVER a problem like this before

Criminal charges should be brought against the teacher for sure!

If it is a good daycare, then is the teacher NEW if so I would not go after the daycare, unless they refuse to REMOVE that teacher from the daycare. No reason to cost more their job because of some new dumb@$$. If this teacher has been their then I would go after the daycare cause it has probably happened before

Call Tim Presley at the OB Police Department and ask him who is the investigator on the case. Contact the investigator and get a copy of the police report, and ask him if criminal charges are going to be filed. Push for that to be done.

Call Gordon Shaw (GordonGekko) at Walker Brown & Brown in Hernando.
Tell him I sent you, and let him go to work...

Do this immediately, if not sooner...

pm'd ya

[quote="MemphisStockBroker"]Call Tim Presley at the OB Police Department and ask him who is the investigator on the case. Contact the investigator and get a copy of the police report, and ask him if criminal charges are going to be filed. Push for that to be done.

Call Gordon Shaw [i](GordonGekko)[/i] at Walker Brown & Brown in Hernando.
Tell him I sent you, and let him go to work...

Do this immediately, if not sooner...[/quote]


+3

I would follow up and make sure the daycare did due dillagance with a background check on this employee. If they can't or won't show you the documentation where this was done then i would sue them also. They have the legal, and if you ask me moral obligation, to run background checks on anyone that interacts with the children in their care. DO IT YESTERDAY.

They are also required to report any "reportable" insadent to the state board.

Thanks for all of your insight on this matter. I have responded to some of the pm's that have come my way.
The employee was terminated as of this morning so I really don't know what to say about the daycare. Like my mom said something needs to be done once is more than enough for this to happen. Its like your favorite resturant you go there all the time and one time you go you get serve food poison ... It's probably not your favorite place to go anymore and you will probably think twice about going there again.
Another thing I'm dealing with is say a loved one gets killed tonight in a bad car wreck by a drunk driver do you sue the driver or hold the bar that over served him alcholol liable for the death of a loved one. Kinda the same situation do I just go after the employee or do I fight with the daycare because this is their employee and they are after all resposible for there actions
This is just the thougts going through my head and if someone has gordon's number I will contact him tonight or as soon as possible being that he is I'm hernando now.

Thanks guys again and I hope no one has to deal with this in there life cause it isn't the easiest situation