What are the Rights of Parents When a Child Dies at a School, Day Care Center, or Summer Camp?
In the State of Florida, a death of a child can occur at almost any location. Sometimes, the deaths are avoidable and sometimes they are not. It all depends on the facts and circumstances surrounding the death of the child. Often times, the child's death is completely unexpected with the parents and family members doing everything they can to try to cope with the death. When a child dies, there are no quick solutions - no answers - and no prayers that will bring the child back to life. In most instances of a child death in the State of Florida, an autopsy is completed by the local medical examiner's office to determine cause of death. If the death resulted from an unknown or unforeseeable medical condition or event, it may prove to be quite challenging to pursue a Florida Wrongful Death case or claim by the parents of the deceased child.
In Florida, there are four basic elements to a Florida Wrongful Death case:
- Duty. There must be a duty to act in a reasonable manner and / or provide a safe environment for the child.
- Breach of Duty. There must be a breach of the duty or a failure to act in a reasonable and / or timely manner.
- Caustion. The breach of the duty must be causally related to the last element of a Florida Wrongful Death case which is damages.
- Damages. This element of the Florida Wrongful Death Case refers to the pain and suffering by the parents for the death / loss of the child.
While the above elements may seem rather simple, the evaluation and handling of a Florida Wrongful Death case can be quite complicated. Because of this, it is important for parents to retain the services of a Florida Wrongful Death attorney for advice, consultation, and legal representation.
In Tallahassee, Florida, a recent death was reported at a day care center. The initial reports indicate that there was no foul play suspected in this incident. Nevertheless, in the abundance of caution and in order to properly pinpoint the cause of death, an autopsy and investigation will be completed as to the death of the child in a day care center. As stated above, some deaths or incidents are preventable while others may not be preventable. Each case or claim must be evaluated based on the facts and circumstances. See Day Care Center Reported in Tallahassee Florida.
The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Treatment and Care, and other topics. You can get this book for free at The ABCs of Child Injury. The book was written by David Alan Wolf - a Florida Child Injury lawyer with over 22 years of experience. Mr. Wolf has dedicated his entire legal career to promote the best interests and safety of children and their families. In addition, Mr. Wolf is the author of the book - Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents. This book can be obtained for free at Florida Day Care Center Injuries.