Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Our 2 and half year old son attends a private daycare facility

here in Washington DC....
Our 2 and half year old son attends a private daycare facility here in Washington DC. They were on the playground, and he bumped into another child who then fell down. One of the teachers disciplined our son by grabbing him by the shirt and dragging him.

We don't know what our options are as far as recourse. The center is currently doing an investigation.
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
6/28/2013
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,525
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear about your situation. In short, assuming that this was unreasonable under the circumstances (which it absolutely sounds like it was) this would be, in civil court, "assault and battery". You could absolutely sue the employee, and potentially the employer, for assault and batetery as "next friend" to your child.

ScottyMacEsq :

Now that being said, what you could recover would be based entirely on "damages".

ScottyMacEsq :

If he was not actually injured, or his injuries were minor, and assuming you could not properly quantify the emotional damages or pain and suffering damages, then your only damages would be "nominal" to show that you essentially won the case. Nominal damages are a small amount of damages ($1 or $10) to show that you won the case, but in reality there was not much that was won.

ScottyMacEsq :

(it would cost more to sue than you would win)

ScottyMacEsq :

Now if there are damages that can be proven, then a lawsuit might certainly be a course that you could take.

ScottyMacEsq :

But to be honest, most of the time in situations such as this, this is where the cases will be determined to be not economically viable.

Customer:

Would the center ask us to sign a confidentiality agreement, stating we won't discuss this situation with anyone? If they did, would we have any leverage to ask them to in turn discount tuition? 36,000 a year, fyi.

ScottyMacEsq :

Certainly.

ScottyMacEsq :

They'd be under no obligation to offer this to you, but if they want to keep it quiet, you could ask for something in return.

Customer:

Is it likely they would ask us to do that?

ScottyMacEsq :

It's possible certainly. That really depends on the daycare.

Customer:

do we have any other options other than suing? Such as charges being filed against this person so they can't work in child care in the future and do this to another child?

ScottyMacEsq :

Yes, you could certainly press charges against that individual, as well as seek a restraining order from coming into contact with your child.

Customer:

The center has not told us who did it, because they want to investigate and interview other teachers first. Do they have the right to withold the name from us?

ScottyMacEsq :

They don't have an absolute obligation to tell you, but you can report it to the police, and the police could find out.

Customer:

ok. Thanks very much for your help!

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,525
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,525
17,525 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Lower-level “at will” employees of a private CA research
Lower-level “at will” employees of a private CA research company are privy to confidential information that clients provide when they request services. If such an employee trades in securities based o… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Does a employee sign a form once he is employeed stating he
does a employee sign a form once he is employeed stating he has a disability and if he does not and returns from a mental institution and is fired base on information that is provided on the release f… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
When an employee is provided a domicile apartment at their
When an employee is provided a domicile apartment at their workplace, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is an employer required to provide ex-employees copies of
Is an employer required to provide ex-employees copies of their timesheets after the employee is terminated? … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
Is it legal for a private employee to blanket test
Is it legal for a private employee to blanket test employees? There is no advance warning, but all blanket tests are performed each year at the same times, it is just accepted, but not written in empl… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Unpaid leave question If a employee takes unpaid leave such
unpaid leave questionIf a employee takes unpaid leave such as Family and Medical Leave Act, is it illegal to work for another employer during the leave period? Is FMLA a government (state) law, not em… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Are women navy civilian employees ever sent to the
are women navy civilian employees ever sent to the Charleston Navy Brig? Do the prisoners in the Charleston Navy brig get medical treatment? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I SIGNED A COMPETITIVE CONFIDENTIALITY AGREEMENT NOT TO GO
I SIGNED A COMPETITIVE CONFIDENTIALITY AGREEMENT NOT TO GO TO A COMPETITOR FOR 2 YEARS NUT I NEED TO LEAVE ITS ALL I BEEN DOING ALL MY LIFE … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
If an employee altered the time card, what should the
If an employee altered the time card, what should the employer can do? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a small company with 11 employees. One employee wants
I own a small company with 11 employees. One employee wants to take some time off for the birth of his child. As a small company, do the FMLA rules apply? does this employee have the right to take up … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
As an employer, is an emailed resignation from an employee
As an employer, is an emailed resignation from an employee sufficient documentation or would it be best to receive a written/signed resignation? The main reason for our concern would be disputing unem… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Am i allowed to give a manager another employees phone
Am i allowed to give a manager another employees phone number legally? … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I am not sure I understand confidentiality agreements and
I am not sure I understand confidentiality agreements and breach of contract. … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I am an employee at a day care center who an employee took
I am an employee at a day care center who an employee took out a loan using the center as a co signer the payments got behind and the person failed to notify the center and now the loaner has frozen t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is it legal to be both an employee and a contractor for the
Is it legal to be both an employee and a contractor for the same business owner? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is a confidentiality agreement cover fraudulent activities
is a confidentiality agreement cover fraudulent activities by the person asking for the agreement? This isn't my employer. This is my soon to be ex boyfriends parents who have committed fraud a few ti… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a question regarding a confidentiality agreement and
I have a question regarding a confidentiality agreement and what the wording means. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x