OCEANSIDE CHILD SEXUAL ABUSE ATTORNEY
MICHAEL REHM - (619) 787-3456
FREE CONSULTATIONS
Providing representation to victims of School/Teacher/Counselor/Coach sexual assault, Clergy/Pastor/Priest childhood sexual abuse, Boy Scouts sexual abuse, and other institutional abuse matters in Oceanside, Carlsbad, Encinitas, and Vista CA.
The Child Victims Act is a groundbreaking law that gives survivors of childhood sexual abuse more time to file civil lawsuits and imposes stricter penalties on those who cover up such abuse. If you or someone you know has been affected by sexual abuse, don't hesitate to contact a personal injury lawyer who can help you explore your legal options. For a free and confidential consultation, contact The Law Office of Michael Rehm today at (619) 787-3456.
Child Sexual Abuse Cases in Oceanside, CA
Two toddlers were allegedly hit, sexually assaulted, and harassed by a preschool teacher in Oceanside. The parents of those children believe school officials did not protect their children. The child said that he was hit on the head by the teacher and deprived of food. The parents reported the conduct to the California Department of Social Services in November 2018.
An investigation was done by DSS workers, who made note that there were no witnesses to the child being hit. According to the child's parents, the same teacher had already been investigated by the Department of Social Services for hitting another child at the school. The school failed to disclose that information.
In the meantime, the child's parents told the school's administrator that they did not want the teacher near their kids, and as a result, the school expelled their children. The school said their children were expelled because of bad behavior.
Once the kids were taken out of the school, the child told his parents about another time he was hit. Later, DSS investigators found evidence that staff had poked and/or slapped him. The child also raised allegations of inappropriate touching. The parents then decided to file a lawsuit.
How Schools and Daycares Can Be Liable For Abuse By an Employee
The California Child Victims Act went into effect on January 1, 2020, and for the first time in many years, survivors of childhood sexual abuse have a chance to seek justice against their perpetrators even though the statute of limitations has passed. Under The Act, abusers can be held accountable as well as organizations that were responsible for hiring or supervising these employees.
Negligent Hiring
To prove negligent hiring or supervision, a plaintiff must show that: 1) the defendant was an employer or supervisor of the perpetrator; 2) the defendant had a duty to use reasonable care in hiring or supervision; 3) the defendant breached that duty; and 4) as a result, the plaintiff suffered damages.
A common example of negligent hiring would be if a school district hires a teacher without conducting a background check and that teacher goes on to sexually abuse students. The school district can be held liable for negligent hiring because they did not take reasonable care in ensuring that their employees were safe to work with children.
Negligent Supervision
An example of negligent supervision would be if an employee is allowed to work unsupervised with children even though there have been complaints of inappropriate behavior in the past. If that employee then goes on to sexually abuse a child, the employer can be held liable for negligent supervision because they did not take reasonable steps to protect the children in their care.
Contact Attorney Michael Rehm For Help
If you or someone you know has been sexually abused by a trusted adult, please contact our office for a free consultation with an experienced childhood sexual abuse lawyer who can answer your questions and help you understand your legal options. Carlsbad Attorney Michael Rehm can, and will, negotiate and litigate these claims. For a free and confidential consultation, contact The Law Office of Michael Rehm today at (619) 787-3456 .