Legal Question in Civil Litigation in Utah

My son was sexually abused at a daycare facility. I pulled him out the day I learned of the abuse and opened a case with DCFS. I took him to a child victims facility and they said he will need therapy, that no physical damge was present. My sao was 3 at the time of incident and just turned 4.

We moved out of state back to my hometown, after pulling my son out he went to stay with my sister for a couple weeks a few 100 miles away so I could finish my two weeks of work and pack.

The daycare charged me 330.00 for not putting in a two-week notice with the facility. I didn't pay because I thought the fact he was being sexually abused there nulled my obligation to pay. Two days ago they charged my account 1018.00 with a check I had written them over a year ago, which a year ago they told me had been discarded because I paid in cash.

Do I have a case?


Asked on 4/29/10, 4:52 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

If you can prove that he was abused you have a case against the day care facility for damages that include actual damages (medical and counseling) for your son; any costs you incurred for caring for your son (time off work, travel). The day care use of your check was fraudulent, and should be reported to the police. You can also file civil charges against them .

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Answered on 5/05/10, 7:47 am


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