Unfortunately a significant number of children in Idaho are sexually molested prior to adulthood. Not only do such acts lead to criminal liability for the perpetrator of the crime, but parents of the child also have the right to file a claim for money damages against the perpetrator and, in some cases, against the institution that employed the perpetrator. The money obtained in such cases can be used for the current and future counseling needs of the child and to compensate the child for the psychological harm inflicted by the perpetrator.
Because many such criminals lack financial resources, properly compensating the child may require suing the institution that employed him. This can be a school, a church or day care.
A day care service can be liable for damages if it acted negligently in hiring the person who committed the crime. Poor hiring practices include:
— failing to perform a background check on the employee
— failing to obtain recommendations from prior employers
— failing to properly supervise the employee
In many cases the insurance company of the day care will pay for the damages resulting from the molestation. However, many insurance policies preclude coverage for acts of molestation, in which case it may be necessary to look to the assets of the day care owner to obtain fair financial compensation for the injured child.