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Daycare Abuse - Who is Financially Responsible?

Submitted by Anonymous on May 28th, 2009

Today, a Wisconsin court of appeals ruled that the insurance provider for a daycare facility can be held responsible following the death of a child in daycare.

Two year-old Asia Jones was forgotten in a daycare van back in June 2005. Tragically, Asia died in the hot van. Since this date, the estate of Asia Jones has been trying to recover for the loss of their daughter - and without much luck.

Today, however, their luck has changed: Asia's estate will be permitted to hold the insurance company who provided an insurance policy to the daycare responsible for her death.

After all, that's what insurance is for, right? To protect against the possible "bad events" that occur. Think of your car insurance: no matter whether an accident was your direct fault or not, your maintain a car insurance policy to aid you in the event you (or someone else involved in the accident) are in an car wreck. The wreck may be minor (just a fender bender) or it may be life-altering - but your insurance company is to be there no matter the situation.

In this particular case, the insurance company attempted to absolve itself of responsibility, stating that the policy excluded bodily injury from the use of an automobile - essentially leaving all responsibility to the daycare itself.

Given that the daycare facility - Come and Grow With Me Learning and Arts Center - was a small, locally-owned business, it's highly unlikely the facility could have shouldered the financial burden brought by an employee's negligence. Not only would the business head directly to bankruptcy, the family of Asia Jones wouldn't be able to recover much, if anything, for their losses. Hence, the need for insurance, which the daycare facility proactively carried - just in case of possible daycare injury, daycare abuse, or daycare neglect.

Kudos to the District 1 Court of Appeals in Milwaukee for recognizing this simple concept - and allowing for the family affected by this tragedy to recover for their losses.