What are the Elements of a Florida Day Care Center Case? Legal Rights of the Injured Child

Fractured-Arm-150x150In Florida, working parents rely on day care centers to provide supervision and education in a supportive environment. When there are issues or problems with a day care center, parents often question whether there is a case or claim to pursue on behalf of injured child. It should be noted that there may be a legal case or claim to pursue yet the practical considerations, costs, and risks may end up deterring some parents and attorneys from formally pursuing a case.  There are four essential elements of a day care center case as follows: 1 – Duty  2 – Breach of Duty  3 – Causation  4 – Damages
Based in Jacksonville, Florida, David Wolf is a partner in the law firm of Wood, Atter & Wolf.  As a child injury attorney and advocate, David Wolf handles cases throughout the State of Florida.  He is the author of 10 books including books that focus on child injury matters.  He is the author of the book – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know and the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. For over 26 years, David Wolf has represented injured children and their families in the aftermath of an accident or incident causing personal injuries. Read more about the books written by David Wolf at Personal Injury Books and Resources for Clients and Prospective Clients.
In evaluating the potential elements of a case, it is important to consider the particular facts, circumstances, evidence, and law on point.  It should be noted that all four elements must be established to pursue a case on a behalf of an injured child.  From a practical standpoint, the case or claim may not be pursued if the injuries were minimal and do not require much in the way of medical intervention and treatment.  Of course, each claim or case should be evaluated on its own facts and circumstances.
Let’s discuss an example of what would be a day care center case that would be support from both a legal and practical standpoint.  A classroom is full of twenty 3 year old children.  The teacher leaves the room for 10 minutes to make a personal telephone call. While out of the room, the 3 year olds play a game in which children climb up on the table and jump off.  One child jumped off the table, fell to the floor, and fractured her arm.  The child was later taken to the emergency room where the fracture was diagnosed.  Under this fact pattern, there was a duty to supervise and a breach of the duty.  The teacher should have been in the classroom OR should have obtained assistance from another staff member to be in the classroom. The breach of duty caused the incident to take place.  Had the teacher remained in the classroom, there is a good argument that the situation would have been avoided.  As a result of the negligence, a child was injured or damaged in the form of a broken arm.
If you have a question about a day care center case or other type of incident leading to the injury of a child, contact attorney David Wolf.  He will provide you with a Free Consultation and inform you of the rights of the injured child and the recommended courses of action.