When people in Bozeman trust the care of their loved ones to organizations or companies that specialize in it, it is typically done with the expectation that those businesses have the proper licensing to deliver such care, as well as the resources to cover any injuries sustained by wards under their watch. If they do not, and a significant injury does occur, victims and their families may be left with little choice but to pursue compensation through legal action.
A recent lawsuit filed against an Alabama daycare center may serve to highlight how exemptions to oversight and regulations can potentially lead to tragedy. A young boy appears to have been left with brain damage after a TV fell onto him while he was napping. According to the complaint, another child tripped on the TV’s exposed cord, causing it to fall. The lawsuit alleges that the center demonstrated negligence by leaving the children unattended and not taking adequate measures to keep the cord off the ground.
The center, which is owned and operated by a local church ministry, is exempt from licensing and inspections due to a state law that does not require them from services offered by such groups. Because of its special classification, the center is also not required to carry liability insurance.
A lack of oversight, however, may not make an organization immune to legal action. Such parties may still be exposed to liability claims if they fail to see to the duty of care they owe to their clientele. Those who suffer from their actions may likewise be able to initiate civil action against them if they so choose. Such action may be much more likely to find success if those seeking it have an experienced attorney at their sides.
Source: AL.com “Boy suffered serious brain injuries at Birmingham daycare, parents’ lawsuit claims” Stein, Kelsey, Apr. 27, 2016