When a child is enrolled in a Florida Day Care Center, a parent expects that the child is cared for in a supportive environment that is well maintained with proper staffing. Unfortunately, children at day care centers often suffer injuries due to the negligence or carelessness of the day care center. When a child suffers an injury at a day care center, a parent is often faced with the dilemma or decision as to what to do. In particular, should a parent contact a Florida Child Injury Lawyer when a child is injured at a Florida Day Care Center? The simple answer to this question is “Yes”. It is important that a parent is properly and timely informed of the legal rights of the injured child when the child suffers injuries at a Florida Day Care Center. Is a Florida Day Care Center legally liable for every single injury that takes place at the Florida Day Care Center or during an activity supervised by a Florida Day Care Center? The simple answer to this question is “No”. Because each case or incident must be evaluated based on its own facts, circumstances, and merits, the review of the case should be completed by a Florida Child Injury Lawyer to make sure that the parent is properly advised of the legal rights of the injured child. The four basic elements of a Florida Day Care Center case are as follows:
Duty. A Florida Day Care Center has the duty to provide reasonable and timely care and supervision of the children enrolled in the program. In addition, the Florida Day Care Center has the duty to following the laws of the State of Florida including the Florida Statutes, Florida Administrative Code, local codes and ordinances, and other laws / regulations for Florida Day Care Centers.
Breach of Duty. As the second element of a case, a Florida Day Care Center breaches a duty when it fails to take appropriate action or acts (through its employees, staff, and agents) in a negligent or careless manner.
Causation. The third element known as Causation is often times the most difficult element to prove. In order to establish a proper case or claim for a viable personal injury claim against a Florida Day Care Center, it must be shown the the breach of duty was the actual cause or a substanial cause of the damages.
Damages. This element refers to the injuries caused by the Breach of Duty. Injuries can be in the form of physical OR emotional injuries; however, in many instances, it may be difficult to prove up the actual emotional injuries caused by the Breach of Duty. As stated above, each claim or case must be evaluated on its own merit.
If all of the above elements can be established, does this mean that a case or claim should be pursued against the Florida Day Care Center by the parents of the injured child? The simple answer to this question is “Maybe.” There are a number of factors that a parent should consider before pursuing a claim or case against the Florida Day Care Center. An experienced Florida Child Injury Lawyer can assist a parent in making the right decision for a particular claim or case.
The book – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents – has chapters on Indoor Facilities, Outdoor Facilities, Playgrounds, Staffing, Emergency Procedures, and other topics. You can get this book for free at Florida Day Care Center Injuries.