Child Injuries from Daycare

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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Daycares and other licensed child care providers have a responsibility to keep the children under their care safe.  License holders have a duty to provide a safe environment and ensure that every reasonable precaution is taken to protect children from harm. When they fail to uphold that responsibility, they may be liable for the injuries suffered by a child.

What is Negligent Supervision?

Many daycare injuries result from negligent supervision. This means that the daycare facility was not watching your child closely enough, and this led directly to the injuries. There are two main types of negligent supervision claims: those arising from inattention and those arising from failed supervision.

  • Inattention claims arise from neglecting to provide a child with adequate supervision, minimizing risk of injury. An example might be a daycare provider talking on a cellphone instead of supervising children on the playground.
  • Claims from failed supervision usually refer to something that a daycare facility did or did not do that led to injury. For example, a facility may not have sufficient staff to properly supervise all the children or may leave a gate open for a child to escape onto a roadway.

What Should I Do if My Child Comes Home With an Injury?

If your child suffers harm at daycare, and you think the facility is responsible, take the following actions.

  • Seek appropriate medical care. The absolute priority is your child’s health. Complete all necessary medical treatments and get your child on the road to recovery. Ask for copies of all your child’s medical records, as these could prove important to a later investigation.
  • Ask for a copy of the incident report. A daycare facility often has an obligation to file an incident report after a child sustains an injury while in its care. This report may provide information that will prove valuable to your case.
  • Hire a personal injury attorney. The attorneys at Freedland Harwin Valori, PL, have in-depth knowledge about Florida negligent supervision law. Contact our firm for a free initial consultation and see how we can help.

Establishing Negligence

To gain compensation for your child’s injuries, you must show that your daycare provider was negligent. In legal terms, this means you must prove that the facility failed to prevent an injury that was foreseeable. You must also establish that this breach of duty directly led to your child’s injuries. Together, these concepts make up the theory of negligence, which is essential to establishing legal grounds for a personal injury claim.

Your Next Steps

A serious injury to your child is a traumatic experience and pursuing legal action can be extremely complex. This is where the attorneys at Freedland Harwin Valori, PL, can help. We have long been advocates for parents of injured children and help them gain compensation for medical bills, lost wages, and other expenses associated with their child’s accident. For more information on the personal injury claims process or to schedule a free case evaluation with our firm, please call us or contact us online.

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