Children enrolled in school summer camps, schools, and day care centers should be cared for an environment that is safe and properly supervised. Unfortunately, many children enrolled in day care centers, schools, and summer camps suffer personal injuries as a result of trip and fall incidents or accidents. Is a school, summer camp or day care center liable for trip and fall incident resulting in personal injuries? The answer to this question like many that are posed me as a Florida Child Injury Lawyer is “It depends.” Each school, day care center, and summer camp has a duty to provide an environment that free of clutter and dangers. The facility and environment should be tightly and consistently supervised by trained staff members. When a child suffers a personal injury as a result of the negligence of a staff member, teacher, aid, counselor, or even a volunteer, a personal injury claim or case can be pursued on the child’s behalf. Essentially, there are four basic elements of a case involving injuries suffered as a result of a trip and fall:
1. Duty. This refers to the responsibilities of the day care center, school, or summer camp. The facility / institution has a duty to provide a safe environment and reasonable supervision in light of the age and foreseeable risks to the children.
2. Breach of Duty. This refers to negligence of the program, facility, or its staff members. It can also refer to the failure to comply with State and Federal laws as well as the facility’s own rules, policies, and procedures.
3. Causation. This is the link between the breach of duty and the damages or injuries caused by the breach of duty.
4. Damages. This can refer to economic damages and / or non-economic damages. Economic damages refer to medical bills, lost wages, and other damages in which an exact dollar figure can be established. Non-economic damages refer to pain, suffering, loss of enjoyment of life, and loss of companionship.
Each and every personal injury case involving a child victim must be evaluated on its own facts and circumstances. When evaluating a potential trip and fall injury case, a Florida Child Injury Attorney will review how the incident took place, what staff members were on hand at the time of the incident, the preventability of the incident, the foreseeability of the incident, and the actions or inactions of the staff members that caused or contributed to causing the trip and fall incident.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Day Care Center Injuries, Swimming and Water Park Injuries, and other topics. Get this book for free at The ABCs of Child Injury. Another book may also be helpful for parents seeking information on pursuing a claim or case for personal injuries for a Florida Child Injury matters. The book titled – Florida Day Care Center Injuries – Building Blocks of Knowledge for Parents – has chapters on Playground Regulations, Facility Maintenance, Staff to Child Ratios, and other topics. Get this book for free at Florida Day Care Center Injuries.