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Old 04-09-2018, 12:27 PM
 
Location: Newport Beach, California
39,239 posts, read 27,629,646 times
Reputation: 16073

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Quote:
Originally Posted by charolastra00 View Post
The video had already gone viral.

But sure, it's all the mom's fault for the daycare's lack of oversight and training of its employees.
well, never said it is all the mom's fault, now you are just being silly.
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Old 04-09-2018, 12:29 PM
 
19,654 posts, read 12,244,081 times
Reputation: 26458
Quote:
Originally Posted by MPowering1 View Post
I agree. In no way did they put the child first. And safety is always going to be an issue. This is a child who is easily frightened and that may make her perfect prey for predators.

I'm not surprised it was aired by Kimmel, as he seems to find great pleasure in watching upset children on video.
Yes he does. I've never gotten how this is funny or how it isn't emotional abuse of children. I can remember being teased by adults as a little kid, and it was a bad feeling because a young child has no control and is at the mercy of adults. It is actually scary when the adult is doing the bullying.


https://www.youtube.com/watch?v=RK-oQfFToVg


As far as the bunny kid, it isn't unusual for some kids to be terrified of characters like the easter bunny or Santa. It's important that someone is right there to comfort the child, because it is real, actual fear they feel.

I took my little cousin to a haunted house (daytime one for kids) once and he was too scared to go in, although he wanted to. Another older boy saw this and tried to help out and convince him that it wasn't real and it was safe - it was nice of the boy to empathize with my little cousin and try to help instead of laughing at him. Better than some of these grown adults who use scared and disappointment kids for a cheap laugh.
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Old 04-09-2018, 12:32 PM
 
1,769 posts, read 1,234,950 times
Reputation: 3575
Quote:
Originally Posted by lilyflower3191981 View Post
It looks like you need to calm down first.

I said, I understand WHY the parents were upset.

However, it is not as simple as you think it is.

The daycare center did not do anything ILLEGAL, that would be my GUESS

Why don't you ask a lawyer about it. Arguing with ME and getting all emotional with ME is not the answer.

Here,

https://www.lawyers.com/legal-info/p...-changing.html


sheesh, why bother getting all pissy?!
this is a strange response to biker's post. i don't see where biker needs to "calm down" or is "arguing" with you or "getting all emotional" or "pissy".

as for the video of the child. i would be upset if that were my child. if they have you sign a consent form and you say no photographs or videos, then they should honor that.
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Old 04-09-2018, 12:35 PM
 
Location: Newport Beach, California
39,239 posts, read 27,629,646 times
Reputation: 16073
Quote:
Originally Posted by beachie123 View Post
this is a strange response to biker's post. i don't see where biker needs to "calm down" or is "arguing" with you or "getting all emotional" or "pissy".

as for the video of the child. i would be upset if that were my child. if they have you sign a consent form and you say no photographs or videos, then they should honor that.
well, did I say the parents should NOT be upset?

In term of that poster's response, it is your opinion. My opinion might be different from yours, that is all.
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Old 04-09-2018, 12:39 PM
 
Location: 500 miles from home
33,942 posts, read 22,544,846 times
Reputation: 25816
Quote:
Originally Posted by sickofnyc View Post
Only a sociopath would find that video funny.

Totally agree. I was out to dinner for a friend's birthday ~ and her adult son showed me this on FB (well before the parents came forward) and it just was not funny.

Quote:
Originally Posted by beachie123 View Post
this is a strange response to biker's post. i don't see where biker needs to "calm down" or is "arguing" with you or "getting all emotional" or "pissy".

as for the video of the child. i would be upset if that were my child. if they have you sign a consent form and you say no photographs or videos, then they should honor that.
I would be LIVID. Especially if I had made it clear my child was not to be in photos or videos and they did it anyway.


Then again, I'm a parent.


I'm wondering if all these folks who find this video hilarious are young and /or have never been parents.
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Old 04-09-2018, 12:44 PM
 
Location: Coastal South Carolina
6,417 posts, read 1,435,935 times
Reputation: 5287
Parents just want cash. No motive of the day care to harm the child. I'm a parent, if you don't like day care, watch your children when they are very young yourself!
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Old 04-09-2018, 12:45 PM
AFP
 
7,412 posts, read 6,904,108 times
Reputation: 6632
If I were in the parent's shoes I'd be mad for sure and there would be hell to pay. There's nothing funny about that picture and those that find a child's distress entertaining are just ****ed up.
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Old 04-09-2018, 12:50 PM
 
51,655 posts, read 25,850,631 times
Reputation: 37895
Though punitive damages are generally not awarded in breach of contract cases, they can be depending on whether the courts find the conduct willful or reckless.

For example, if daycare employees had done this before and the daycare had not done anything to keep it from recurring. Or if the daycare did not vet their employees but hired anything-for-a-buck individuals.

It is difficult to imagine how anyone who would video tape a frightened child instead of comforting them, then post the video for the amusement of the masses would come under the heading of an appropriate person to care for and nurture children.
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Old 04-09-2018, 12:51 PM
 
51,655 posts, read 25,850,631 times
Reputation: 37895
BTW, do daycare centers typically carry insurance for these sort of matters?
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Old 04-09-2018, 12:57 PM
 
Location: Del Rio, TN
39,875 posts, read 26,532,311 times
Reputation: 25777
Quote:
Originally Posted by MPowering1 View Post
No, because they've tasked the school / center with keeping their children safe and part of that is privacy. They would have had to sign an approval to publicly use video or photo's of their child, which they did not do, in order for anyone employed by the school to make it public.
Agreed. The question is does the daycare center have a policy (hopefully in the employee handbook) that states clearly that no employees are to take pictures and share them outside of the daycare, and specifically on social media. The employee that did this is obviously an uncaring moron. If the employer's policies and instructions included "no pictures"-and the employee violated that policy, that employee is the one that should be paying the settlement (assuming no one in supervision above her was aware of it). Employers far too often get hit when the issues are purely the employees fault and bad judgement.

As far as being scared by the Easter Bunny-BFD. Kids get scared of things all the time-it's not as if this was done to traumatize the kid. It was done to entertain the kids. Kid probably got over it in 2 minutes. The issue is that it had no business being shared on social media, and specifically against the directions of the customers of the business.

Settlement? Offer $5k and see if it goes away. In the grand scheme it's not that big a deal, but still the employee needs to be held accountable. If the company did not have such a policy in place, they (the owners) should pay.
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