According to WAFB, a daycare center is being investigated after a 9-month old boy was bitten over 30 times by a two-year-old child in the same daycare center. The mother of the 9-month old told the news that the bite marks looks as if her baby “was attacked by an animal.” The daycare center employees said the incident occurred after the two-year-old climbed in the playpen with the 9-month old while he was asleep. The daycare staffer says that the 9-month old did not cry or make any noises during the attack.
Who’s responsible?
The most honest answer to the question here is… It depends.
Vicarious liability laws in Louisiana provides that “we are responsible, not only for the damage occasioned by our own act, but for that which is caused by the act of persons for whom we are answerable, or of the things which we have in our custody.” More specifically for parents “the father and the mother are responsible for the damage occasioned by their minor child, who resides with them or who has been placed by them under the care of other persons, reserving to them recourse against those persons”. Louisiana courts have often held parents responsible for the injuries caused by their minor child even when the minor child has been placed in the temporary custody of others. However, there are limited circumstances by which a parent is relieved of liability for the actions of their minor child.
There are many factors to consider when determining who is answerable for the injuries caused by a minor. If you or someone you know have been injured as a result of an accident or injury caused by a minor and want to see what actions you may take, contact us here at the Whaley Law Firm to see what recourse may be available to you.
Sources:
– http://www.wafb.com/story/38924921/graphic-2-year-old-allegedly-attacks-9-month-old-at-daycare
– Louisiana Civil Code Article 2817
– Louisiana Civil Code Article 2318
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