Sending your child to daycare can be a difficult decision for any parent. You are entrusting the care of your little one to strangers and hoping for the best. While most daycares provide a safe environment, accidents and injuries can still happen. If your child is injured at daycare in Florida, you may have legal options. Here are some key considerations if your child gets hurt while under a daycare’s supervision.
Types of Injuries
Children can sustain different types of injuries at daycare facilities in Florida. Some common accidents include:
- Falls – from playground equipment, climbers, etc. These can result in broken bones, head injuries, concussions, scrapes and bruises. Falls are one of the most frequent injuries.
- Burns – from hot food/drink, heaters, chemicals, etc. Burns vary in severity from mild first degree to more serious second and third-degree burns.
- Choking/suffocation – on small objects, food, etc. This can cut off oxygen and be life-threatening. Supervision during feeding is crucial.
- Drowning – in pools, tubs, etc. Tragically, Florida has many child drownings each year. Daycares with pools must adhere to strict safety protocols.
- Physical abuse – poorly trained staff may harm a child through shaking, corporal punishment, etc. This may leave marks, bruises or fractures.
- Vehicle injuries – lack of proper child restraints when transported by the daycare can lead to injuries in a crash. Children should be in age-appropriate car seats.
- Dog bites – some daycares have onsite or nearby dogs that may bite children if not properly restrained and supervised.
The severity of the injury will impact the legal options. More serious injuries often warrant increased compensation.
Determining Liability
If your child is injured at daycare, the first step is determining liability. There are a few considerations:
- Negligence – did the daycare fail to provide reasonable care and supervision? Were proper safety procedures ignored? Were hazards left unchecked?
- Staff training – was the staff properly trained on child safety, first aid, CPR, etc? Lack of training may show negligence. All staff should have up-to-date certifications.
- Licensing issues – was the facility properly licensed and complying with all state regulations? Check their inspection history.
- Previous incidents – does the daycare have a history of health/safety violations? Have there been prior similar injuries? This may indicate an ongoing issue.
- Child/staff ratio – were there too many children per staff member? Florida has set ratios that must be adhered to. Overcapacity may lead to lack of supervision.
- Policies and procedures – does the daycare have written policies for playground supervision, feeding, diapering, etc? Were these policies followed at the time of injury?
If negligence or failure to adhere to regulations can be shown, the daycare may be liable for the injuries and damages.
Damages Available
If the daycare is deemed responsible, your child may be entitled to compensation for:
- Medical bills – all medical treatment related to the injury, both current and projected future costs as your child grows.
- Pain and suffering – this compensates for physical pain from the injury and treatment.
- Emotional distress – compensation for psychological impacts like trauma, fear, depression, anxiety, PTSD.
- Disfigurement or disability – if the injury causes permanent scarring, loss of limb, or other lifelong disability.
- Loss of enjoyment of life – damages can cover impact to your child’s overall quality of life and ability to participate in activities.
- Parents’ loss of consortium – parents may have claims for loss of companionship and wages lost while caring for an injured child.
An experienced attorney can help calculate full damages and prepare a demand letter to the daycare’s insurance company. If they do not agree to fair compensation, a lawsuit may be filed.
Timing is Important
Florida law sets time limits on injury claims for both minors and adults. In most personal injury cases, you have four years from the date of injury to take legal action. However, claims against Florida governmental entities allow just three years. This includes public daycares.
Therefore, it is important to contact an attorney right away after any daycare injury. This ensures all evidence is preserved and the case is filed on time. An attorney can advise you on timing specific to your situation. Don’t delay in seeking legal counsel.
Consult an Experienced Attorney
The attorneys at Monge & Associates have over three decades of experience handling Florida injury claims. We thoroughly investigate liability, build a strong case on your child’s behalf, and negotiate maximum compensation from insurance companies. We have 32 offices in 19 states, including Florida, Virginia, and Maryland, allowing us to handle cases nationwide with ease.
If your child has suffered an injury at a Florida daycare facility, contact us for a free consultation at (888) 477-0597. Our lawyers will protect your child’s rights and hold the daycare accountable. Don’t delay – call today to discuss your legal options.