Greetings from a student of United States Law.There are four elements of negligence and all four must be proven. As you will read, any parent who used this daycare would have an easily winnable lawsuit.
1: Duty of Care: Paying someone that owns a childcare business to care for one’s child is perhaps the highest duty of care in the modern world.
2: Breach of Duty: Allowing someone who is not an employee of the daycare to supervise a child. The parents of this perv were so naive that they thought there was zero risk in allowing their 40 year-old unmarried son who lives at home access to vulnerable children. So many parents ignore the actions of their children because of their pride. Every parent wants to believe their child is an angel. This is negligent thinking.
3: Injury: There is no doubt in any rational person’s mind that harm was done to this child.
4: Injury Caused by Breach of Duty: The actions of the owner of the business directly caused the injuries to this child. The owner or her employees should have been present during every moment of this child’s care. The owner neglected this child and irreversable harm was done.
Study the law, know the law, and if you don’t hire a lawyer. Peace