This case involves a child care provider who dealt with young children. The daycare provider was associated with a series of youth groups in an urban area. During the day, children were free to go to a number of “stations” where different equipment and activities were provided. Occasionally, children wandered outside of the building where the daycare was located. Two weeks prior to the incident in question, a child had wandered outside of the facility and had been assaulted. Despite the assault, no extra precautionary measures were put in place. Two weeks later, a second assault occurred, and the child sustained serious injuries which required a five-month hospital stay. A child welfare expert was sought for this case.
Question(s) For Expert Witness
1. Following the first assault, should extra precautionary measures have been put in place to prevent this type of incident?
Expert Witness Response E-004490
In a case like this, it appears that the daycare provider was negligent. When discussing daycare, safety is paramount, and all factors related to the conditions of the environment should be considered. The number of employees, the resources available to the provider, their relationship with different youth groups, the ages of the children all factor into the provider's culpability. The one element that raises a serious red flag, however, is the incident two weeks prior. In most cases, when a similar event occurs, precautionary measures need to be taken (warning the parents, extra security, speaking with the children, reducing space available to children). If changes were not made, the provider is probably liable.
About the author
Michael Talve, CEO
Michael Talve stands at the forefront of legal innovation as the CEO and Managing Director of Expert Institute. Under his leadership, the Expert Institute has established itself as a vital player in the legal technology arena, revolutionizing how lawyers connect with world-class experts and access advanced legal technology. Michael's role involves not only steering the company's strategic direction but also ensuring the delivery of unparalleled intelligence and cutting-edge solutions to legal professionals. His work at Expert Institute has been instrumental in enhancing the capabilities of attorneys in case preparation and execution, making a significant impact on the legal industry's approach to expert consultation and technological integration. Michael's vision and execution have positioned the Expert Institute as a key facilitator in the intersection of law and technology.
