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Negligent Security Seminar | March 2015

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Osceola County Preschool Sued for Negligence After Alleged Repeated Child Sexual Abuse

Leighton Panoff Law has filed a lawsuit on behalf of a young child and her family in Osceola County, Florida, alleging that a private preschool failed to provide proper supervision, resulting in the repeated sexual abuse of a 5-year-old girl by a classmate.

The case arises from incidents alleged to have occurred at Creation Village World School in Celebration and has been reported by WESH 2 Investigates.

Lawsuit Alleges Repeated Child Sexual Abuse at Florida Preschool

According to the complaint, the child, identified in court records as “V.M.”, was sexually abused by a classmate during school hours over the course of two academic years while attending preschool and kindergarten. The family contends that this child sexual abuse was not an isolated incident, but repeated conduct that occurred over an extended period of time.

The lawsuit alleges that the abuse occurred during recess on school property, including within a pirate ship playground structure where visibility was limited. It also raises concerns about whether the design and use of that structure created areas where children could not be adequately monitored. Teachers, as alleged, were not in a position to adequately observe children inside certain areas of the structure.

Florida Negligent Supervision Laws and Child Safety Duties

At the center of the case is a claim of negligent supervision. Under Florida law, schools and childcare providers have a duty to adequately supervise young children in their care. That responsibility is heightened in early childhood settings, where children depend entirely on adults to ensure their safety.

The lawsuit alleges that the school failed to meet this obligation by allowing young children access to areas that were not properly monitored, creating conditions where abuse could occur undetected.

Alleged “No-Tell Rule” and Why It Raises Serious Safety Concerns

The complaint also alleges that the child was instructed by a teacher not to tell her parents what occurred at school. According to the family, this alleged “no-tell rule” delayed disclosure and allowed the abuse to continue.

If proven, this type of instruction is not a routine classroom practice; it is a serious deviation from accepted child safety standards. In early childhood settings, children are typically encouraged to communicate openly with parents and caregivers, particularly when something makes them uncomfortable or afraid.

From a legal standpoint, the significance of this allegation is substantial. Instructions that discourage or prevent a child from reporting what happens at school can interfere with timely disclosure, which is often critical in identifying and stopping abuse. Delayed disclosure may allow harmful conduct to continue undetected and can increase the extent of a child’s injuries.

In negligent supervision cases, this type of allegation may be used to show that the harm was not only foreseeable, but potentially prolonged by the environment or practices within the school. Rather than a single lapse in supervision, it can support claims that repeated failures allowed the conduct to continue over time, increasing the extent of the harm.

As with all allegations in this case, these claims will be evaluated through the litigation process.

Signs of Child Abuse: Reported Medical Symptoms and Behavioral Changes

The child’s parents report that she experienced a range of medical and behavioral symptoms during the relevant time period, including urinary tract infections, irritation, headaches, stomach aches, asthma, and a growing reluctance to attend school.

According to the family, the abuse was not disclosed until after these symptoms became persistent. The child is now receiving therapy.

School Denies Allegations in Osceola County Lawsuit

In court filings, the school’s representatives deny that the alleged abuse occurred. Public reporting indicates that the school stated it would investigate the allegations after they were raised.

Additional disputes exist regarding the school’s response to the family, including conflicting claims about whether the child was later expelled. These issues will be addressed as the case proceeds.

Watch the WESH 2 Investigation on Osceola County School Lawsuit

The following reports from WESH 2 Investigates provides additional detail on the allegations and the claims raised in the lawsuit.

https://www.wesh.com/article/lawsuit-child-sexual-abuses-osceola-private-school/71205842

https://www.wesh.com/article/osceola-county-private-school-sued-negligence-alleged-child-sexual-abuse/71112207 

Holding Florida Schools Accountable for Negligent Supervision

This case underscores a fundamental principle: when a school accepts responsibility for young children, it must take reasonable steps to keep them safe. Proper supervision, safe facility design, and appropriate oversight are essential.

When those safeguards fail, and a child is harmed as a result, Florida law provides a path for accountability. Leighton Panoff Law represents the family in this matter and will continue to pursue the case through the legal process.

Cases involving young children demand careful legal scrutiny, particularly where the allegations involve repeated conduct and prolonged exposure to risk. If you have questions about negligent supervision or concerns about a child’s safety in a school or childcare setting, contact Leighton Panoff Law to discuss your situation.

Article by:

John Leighton

A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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