Children deserve the safest and healthiest environments where they can learn and grow. The decision to entrust children to a daycare facility has to be taken with caution, care and diligent research. Parents need to take extra precautions by interviewing caregivers and examining facilities carefully before leaving their child at a daycare facility.
Florida law defines “Child Care” as the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and healthy supervision for the child in accordance with his or her Individual needs, and for which a payment is made for care.
A Child Care facility under Florida law “includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, wherever operated and whether or not operated for profit”.
Public schools, summer day camps, Bible schools etc. are the notable exceptions to the above definition.
Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”
To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-
- The defendant (the daycare center) owed the plaintiff (the injured child) a reasonable duty of care.
A daycare center is legally responsible for the injuries caused by the negligent actions or inactions of it’s employees or management. It’s the daycare center’s duty not only to provide reasonable supervision, but also to properly inspect and maintain the daycare center including its classrooms, hallways, bathrooms, indoor and outdoor play areas in a reasonable and safe condition.
- The Daycare center breached it’s duty of care.
The breach of care by the defendant is the crux of the personal injury law. If the daycare center breaches any of its duties or responsibilities, it can be held liable for the injuries sustained by the child. It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendants daycare facility.
- The breach of duty by the Defendant caused the accident.
It is not enough to show that the Defendant was negligent, careless or reckless, the breach of duty must directly result in injuries suffered by the child. It has to be established that the negligent action or inaction of the staff of the daycare facility was the main cause of the injury suffered.
- The accident caused compensable damages.
The lawyer of the plaintiff child has to establish that his or her client suffered damages due to the breach of duty by the daycare facility. Damages may include physical injury, pain and suffering, mental anguish, emotional distress, lost wages of parents, loss of quality of life.
WHAT SHOULD YOU DO AFTER YOUR CHILD HAS BEEN INJURED AT A DAYCARE FACILITY.
- ENSURE YOUR CHILD GETS TIMELY TREATMENT.
Getting your child treated for the injuries sustained should be your top priority. Call 911 or get your child to the nearest medical facility immediately.
- COLLECTION OF EVIDENCE.
After getting your child necessary medical attention and ensuring his or her safety, try to collect vital evidence such as the incident report from the daycare facility, names and addresses of staff members who were present at the time of the accident and also try to get statements from them.
- CAPTURE PHOTOS AND TAKE VIDEO RECORDINGS.
It is essential to take photos of the injuries sustained by your child and also of the location where the accident occurred. It is necessary to show the insurance company adjuster or the jury the full impact and extent of the injuries sustained by your child. Ask the daycare facility to provide you the security camera footage of the accident.
- AVOID GIVING STATEMENTS TO REPRESENTATIVES OF THE DAYCARE FACILITY.
It is likely that before you speak to a Miami daycare negligence lawyer, representatives of the daycare facility will try to get you to agree to settlement terms and conditions that benefit them. Avoid giving statements or signing any papers before consulting your daycare negligence attorney. Do not accept blame and also avoid blaming anyone.
EXAMPLES OF DAYCARE FACILITY NEGLIGENCE-
Some major factors that lead to violations by DayCare facilities are:-
- FAILURE TO SUPERVISE.
If a child is injured or harmed due to the lack of reasonable supervision, the failure to supervise reasonably amounts to negligence.
- FAILURE TO KEEP PREMISES SAFE.
A daycare facility’s failure to provide a safe environment can lead to injuries to children in its care. Leaving medicines or toxic substances within reach of children or not picking and putting away toys after children have played can lead to injuries to the children.
- FAILURE TO TAKE CARE OF A CHILD’S SPECIAL DIETARY NEEDS.
If a child suffers from an allergic reaction to certain foods, then he or she should not be fed such foods. Failure to comply with this can be considered an act of negligence.
- FAILURE TO SCREEN EMPLOYEES.
It is the duty of the daycare facility to ensure that they conduct proper screening and thorough background checks on their employees. Daycare facilities should avoid hiring individuals with a history of child abuse or reported instances of negligence at their former workplaces.
TYPES OF INJURIES SUSTAINED BY CHILDREN AT DAYCARE FACILITIES:-
Most common daycare facility accident injuries are :-
- Broken bones and Fractures.
- Choking on food or other objects.
- Dental injuries.
- Food borne illnesses.
- Injuries caused by outsiders.
- Eye Injuries.
- Injuries caused by other children.
- Wrongful death.
STATUTE OF LIMITATION FOR FILING A DAYCARE NEGLIGENCE ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing an accident claim. An experienced Daycare Negligence lawyer in Miami ensures that you fully understand the Federal, State and Local laws that might apply to your child’s case. Florida statute of Limitations for Daycare accidents due to negligence is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida.
In the best interests of their injured child, parents should enlist the services of an experienced Florida daycare negligence lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR A VICTIM OF A DAYCARE NEGLIGENCE ACCIDENT IN MIAMI.
Our Miami daycare negligence lawyers seek to get maximum compensation for the victim of a daycare accident and help his or her parents and family explore other options and alternative ways to seek additional compensation for injuries sustained.
Our Miami Daycare Accident lawyers help victims recover:-
- Medical Bills.
- Lost Wages of parents.
- Damages suffered due to Pain and Suffering.
- Damages suffered due to Emotional Distress.
- Costs of future corrective surgeries.
- Damages suffered due to loss of enjoyment of life.
WHY HIRE KAIRE & HEFFERNAN ?
Our qualified and experienced attorneys possess in depth knowledge and experience to assist an injured child and his or her family to navigate through complex daycare accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of daycare accidents caused due to negligence in Miami and all across Florida.
Our team of daycare negligence lawyers in Miami are experienced at collecting and protecting evidence. They know how to obtain and review medical records and have access to top daycare industry experts.
Our team of Miami daycare accident lawyers know how to effectively deal with attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.
CONTACT A MIAMI DAYCARE NEGLIGENCE LAWYER.
If your beloved chid has been injured due to the careless or negligent actions or inactions of the daycare facility’s employees or management, your child deserves to be duly compensated for the injuries suffered and other damages. Call an experienced Daycare Negligence lawyer at our firm for a free case evaluation right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.