Who can be sued if a baby gets injured (abused) at daycare and the provider's insurance has lapsed?

Criminal case aside, in the civil case, who can be sued if the in home daycare provider has let her insurance lapse when the abuse occured? This is a licensed daycare (that has since been shut down). Child spent two months in the hospital with irreversible brain damage. Provider owns a home but her assets are not much. The medical bills for the victim's family are in the millions... What can be done?
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Answers (2)

Kevin Paul Smith

Kevin Paul Smith

Contributor Level 6
Based upon the information you've provided you could sue the daycare and/or the invididuals that actually did the abusing. As far as the daycare's insurance, do you know if it was still in effect during any of the abuse. If so, it may still cover this incident. You should consult a personal injury attorney immediately for further evaluation. Most attorneys will do so for free.

My firm handles personal injury cases. If you are located in Southern California call me at 213-626-0571 for a consultation.
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miraclebaby

The insurance was 'lapsed' at the time of the abuse - she didn't pay her renewal bill on time. She does not have many assets and from what I understand, she can file bankruptcy and move everything she has of value anyways... I don't understand how this is at all fair to us who are now stuck with our daughter's lifelong medical bills. Any other suggestions?
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