Is an Incident Report Required to Pursue a Legal Case or Claim for Personal Injuries against a Florida Day Care Center?


In Florida, children are you unfortunate victims of injuries at school and day care centers. In most cases, the school or day care center administration will provide to the parent a written incident report containing some details as to the incident and the injuries sustained. At times, the day care center or school fails to complete an incident report or in the alternative refuses to provide a parent with a copy incident report. While it is helpful to have an incident report that provides information as to a particular incident that took place in the school or day care center, the incident report itself is not a prerequisite to pursuing a legal or insurance claim for the child’s injuries.

A legal case against a Florida day care center or a Florida school is dependent on proving 4 elements:

Duty. This refers to the responsibilities of the day care center set forth by common law (case law) or set forth by statute and ordinances.

Breach of Duty. This refers to the negligent actions of the school or day care center or in the alternative the failure to take action at the school or day care center.

Proximate Cause. This refers to refers to the link between the breach of duty in the last element of a case – the damages. The breach of duty must be the cause of the injuries or damages sustained. In other words, there must be a relationship between the breach of duty and the damages.

Damages. This refers to the past medical bills, future medical bills, lost wages, loss of earning ability, pain, suffering, loss of enjoyment of life, and other losses.

Pursuing a legal case or claim for day care center or school injuries in Florida can be complicated. Often time, there are hurdles or challenges to getting fair compensation for the injuries caused by the negligence or fault of others. The book titled – Florida Day Care Center Injuries – Building Blocks of Knowledge for Parents – has chapters on the Elements of a Day Care Center Case, Outdoor Facilities and Playgrounds, Indoor Facilities, Supervision, Record Keeping, Emergency Procedures, and other topics. Get this book for free at Florida Day Care Center Injuries.

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