Editorial Child Abuse

[SlumpBuster]

Pretty sure this isn’t true - I’m not a lawyer in Nebraska but “beyond a reasonable doubt” is rarely (if ever?) the standard in civil matters. Employers are often liable for their employee’s actions when it’s not a frolick/detour - there may be specific requirements for child care or day care in Nebraska - no idea - but I would absolutely talk to a lawyer about a civil action.

Beyond a reasonable doubt is probably the wrong phrase (wasn't meaning to imply the same requirement as a guilty verdict), but unless the employer was willfully negligent "suing for millions and putting the daycare out of business" is not usually the outcome. Usually if the employer finds out, acts promptly and fires the person immediately and had no reason to anticipate this person's actions beforehand there is a much smaller amount that is often settled for, usually by insurance. Maybe that makes sense.

Hard to not call this a frolic anyway unless you think you can make a case that the employer was acting within their duties (seems like a stretch). I could see that argument if it was an accident that happened while an employee was taking care of a child, but not an intentional act pretty clearly outside the appropriate actions of their job.

 

[God is a Husker]

Civil case: Plaintiff must prove more likely than not (51%)


Criminal case: Prosecutor must prove beyond a reasonable doubt



*as far as "damages" your child's concussion is not worth millions, you can look up similar cases to get an idea on what the final judgement awards were but in my opinion this case would never go to trial the insurance provider for the daycare would review the case and after speaking with their client (the daycare) I'd assume a settlement offer would immediately be sent because of negative attention against the business (daycare) + what it would cost to defend vs. a vicarious liability suit = more than what just cutting a check to the plaintiff on a settlement payment.



Depending on how any criminal matters shake out if OP hires the right lawyer a demand letter could be enough to get a settlement offer without even needing to file a suit. (which typically saves the client money because the attorney incurred less costs/fees so more of the settlement check goes to the client)

 

[Huskerbuck85]

Civil case: Plaintiff must prove more likely than not (51%)


Criminal case: Prosecutor must prove beyond a reasonable doubt



*as far as "damages" your child's concussion is not worth millions, you can look up similar cases to get an idea on what the final judgement awards were but in my opinion this case would never go to trial the insurance provider for the daycare would review the case and after speaking with their client (the daycare) I'd assume a settlement offer would immediately be sent because of negative attention against the business (daycare) + what it would cost to defend vs. a vicarious liability suit = more than what just cutting a check to the plaintiff on a settlement payment.



Depending on how any criminal matters shake out if OP hires the right lawyer a demand letter could be enough to get a settlement offer without even needing to file a suit. (which typically saves the client money because the attorney incurred less costs/fees so more of the settlement check goes to the client)

This is kind of where my mind has been.

Which is harder to accomplish, the 51% proof or beyond a reasonable doubt?

 

[TreedHusker]

It’s hard to write this one.

Last week my 4 yr old Son became the victim of child abuse at his daycare in Elkhorn. That evening after being home for a while the wife felt his head and he had an extremely large bump (I’d say 3 times a normal bump) on the back of his head.

When asked he said “My teacher throwed me into my cubby”. We took him to urgent care and then returned home. Pretty soon OPD showed up and then deputies, followed by CSI. Before all of this the girl had been fired for not reporting an injury at work which broke policy. She also tried covering it up by saying he hit his head on the playground (he didn’t) and then by saying he tripped while trying to get away from her.

After finding video evidence it was seen that he rolled off his sleeping mat and she then rolled him over and slammed him back onto it, he then rolled again and she grabbed him by the ankle and drug him across the room throwing him on the mat and then finally he rolled again and this time she picked him up by the blanket he was in and angrily carried him out of view of the camera and then enetered seconds later. This is where she threw him into the cubby and caused the head injury.

Apparently bc they can not prove intent they are giving her a misdemeanor citation. Our justice system is a joke. There’s even a statute that would allow them to hit her with a felony but after I found that and talked to the investigator about it he said “the prosecutors office tells us not to use that one. I’ve never seen that one used”….wtf

Today my son said his head really hurt, started crying and asked us “what’s wrong with me?” And was nauseous. The wife took him to the ER where he puked when he got inside. After 6 hours of sitting at children’s a CT revealed some inflammation and a concussion.

As a father I couldn’t feel more helpless knowing my Son endured this at a place I took him to be safely cared for and watching that video hurt me more than I could have imagined. I hope we all can do more to protect kids from ever going through this and I know there are much worse outcomes.
Fuck people who hurt kids. They can go to hell thinking they’re real tough.

That's sucks, man.

The Rosewood investigation and following legislation only happened because the parents kept advocating for their kids and used the media. Use all those 6 on Your Side type deals and keep advocating. You never know if other parents may have similar issues and may benefit from someone else keeping to push for improvements to the system and justice. You know that teacher will get another job somewhere else, given how centers across the city are so short staffed.

Hope your son is doing well.

 

[2010sarenevercomingback]

Not at this time, sorry. The abuser was fired. I don’t mean to snub you.

Have you gotten the impression from this that the daycare itself is a problem place/doesn't have good oversight in place, or is it one really bad employee who went off the rails in spite of an otherwise good structure/leadership?

 

[Pipe Line]

Wanted to take a few days to let this process before I said anything. Thoughts and prayers to you and your family Buck. I hope your son is doing better after the weekend. I hope the absolute best outcome for your family. My dad always told me growing up that there is a special place in hell for people who hurt animals, kids, old people, and women. Someday, she'll have to answer for her actions. I'm sure the anger, rage, and hurt you felt watching that video is immeasurable. Again, thoughts and prayers.

 

[HCFord1]

Have you gotten the impression from this that the daycare itself is a problem place/doesn't have good oversight in place, or is it one really bad employee who went off the rails in spite of an otherwise good structure/leadership?

This is an important question. If the other teachers seem great, and the company fired the fuckface teacher immediately, then I don’t know that this is a situation where smearing the name of the daycare center would do any good. You just end up hurting the teachers that you like and a company trying to do the right thing.

 

[Huskerbuck85]

Have you gotten the impression from this that the daycare itself is a problem place/doesn't have good oversight in place, or is it one really bad employee who went off the rails in spite of an otherwise good structure/leadership?

I believe the abuser is responsible for what she did. The daycare has been kind and cooperative with us. That said, on a childcare Fb page there have been a lot of things said that raise concern about the daycare that are worth noting and looking deeper into.

 

[Chi7397]

This is kind of where my mind has been.

Which is harder to accomplish, the 51% proof or beyond a reasonable doubt?

Beyond a reasonable doubt is a much higher standard.

 

[Huskerbuck85]

Beyond a reasonable doubt is a much higher standard.

What’s disturbing is the detective said they needed to prove Intent to up the charges and they can’t prove she intended to hurt him. What a load of shit. She went at him 3 times.

 

[God is a Husker]

This is kind of where my mind has been.

Which is harder to accomplish, the 51% proof or beyond a reasonable doubt?

Beyond a reasonable doubt is much much much harder.

They don't allow us to ever put a % on what beyond a reasonable doubt is but it is commonly considered in the upper 90s if you we were allowed to put #% on it.


The most common example of this is OJ Simpson. He won his criminal trial but lost right away in his Civil trial on the Wrongful death suit.


Civil is waaaaaay easier to win.

 

[Huskerbuck85]

Just by reading the comments it seems maybe there are a few Attorneys in this thread. @God is a Husker obviously .

I assume at some point we’ll want some representation. That said, does anyone have a real solid referral to someone in or around Omaha that would do the best for my Son in this instance? Whether it’s representing him against the abuser or the daycare? Still not sure where this is headed but want to have my ducks in a row.

Thanks