If your child is in daycare in Florida, you need to know the most common reasons injuries occur in daycare centers. In this post, we’ll detail the most common reasons and tell you what you can do if your child gets hurt at daycare.
The Most Common Reasons for Daycare Center Accidents in Florida
Many Florida parents must send their children to daycare centers while they work. If your child is in daycare, you likely spent hours selecting the place you thought would be the best choice for your family’s needs. Still, your child can get injured even if you conduct thorough research due to a daycare center’s negligence.
These are the most common reasons children are injured at Florida daycare centers.
Lack of proper training
Those who work in daycare centers have a legal duty of care to your child. They should be trained in the proper ways to provide safety and a variety of edifying experiences. When staff members are not adequately trained, they may not know how to prevent accidents or what to do when they occur. This negligence can cause injury to your child.
Lack of adequate supervision
Babies and very young children need constant supervision to stay safe. Even older children need adequate supervision to avoid injuries. Staff members at daycare facilities are under an increased level of expectation for supervision, since that is specifically what you are paying them to do. If your child is injured because he or she was not adequately supervised, you may be able to file a claim against the daycare center.
Slip and fall accidents
If your child slips and falls at a daycare center, you can seek compensation if your attorney can prove that the accident occurred due to negligence. Here are several reasons that negligence may have caused the accident:
- Liquid, food or chemical spills
- Clutter or debris
- Toys laying on the floor
- Torn carpet
- Chipped or cracked flooring
The daycare center has a duty to provide clean, safe flooring and walkways for children. Failure to meet this duty can result in your child’s slip and fall injury.
Broken equipment
Your child can be injured by broken equipment at the daycare center. Playground equipment, cribs, high chairs, and other equipment must be properly maintained to be safe. When a daycare center fails to repair or replace broken equipment, injuries can result.
Faulty toys
Toys are frequently recalled by manufacturers if hazards are found. If the daycare center doesn’t replace dangerous toys, it can be held liable for your child’s injuries. The staff members should also be trained in keeping certain toys away from small children to prevent choking.
Unclean facilities
It’s essential that your child’s daycare center is regularly sanitized to prevent the spread of disease. If your child experiences an injury due to a daycare center’s lack of cleanliness, you may have grounds for a lawsuit.
Lack of first aid care
All staff members at a daycare center should be trained in first aid to help a child in emergency situations. If your child experiences a medical problem and is not given proper first aid care by the daycare center staff, you may be able to file for compensation for your child’s medical bills.
Filing a Claim for a Florida Daycare Center Accident
A successful child injury claim against a daycare must contain the following four elements to be winnable in the Florida court system.
- Duty—The daycare center had a duty to provide a reasonably safe environment for your child.
- Breach of Duty—The daycare center failed to provide a safe environment due to negligence.
- Causation—This breach of duty caused injury to your child.
- Damages—You incurred medical expenses due to your child’s injury.
If you have evidence to support all these elements, you likely have strong grounds for filing a child injury lawsuit against the daycare center.
You will want to get proof of medical care for your child before filing a claim. Depending on the circumstances, you may also receive compensation for pain and suffering beyond the cost of the medical treatment.
Consult with a Skilled Florida Injury Attorney
Filing a claim against a daycare center can be a complicated and emotional matter. You need the help of a knowledgeable Florida injury attorney who has successfully handled cases like yours before.
Call today for a free case review. We will review your case and let you know what options are available to you. We will work hard to defend your rights.
About the Author:
Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all kinds of personal injury cases, with a particular focus on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2017 – an honor reserved for the top 5% of lawyers in the state – and was voted to Florida Trend’s ”Legal Elite” and as one of the Top 100 Lawyers in Florida and one of the Top 100 Lawyers in the Miami area for 2015, 2016, and 2017.
