West Palm Beach Child Injury Lawyer
When you entrust your child to caregivers at a daycare center, you do so with the expectation that your child will be safe and well cared for while at the facility. Sadly, that is not always what happens. If your child was injured while in the care of a daycare facility or a private childcare home, and your child’s injuries could have been prevented, you may have the basis for a personal injury claim against the caregiver(s). Florida law imposes a duty of care on caregivers that requires them to provide a reasonably safe environment for the children under their supervision. When a caregiver breaches the duty of care owed to the children in their care, and a child is injured, the law allows the parent(s) to pursue legal action against the caregiver.
If your child was injured while under the care and supervision of a daycare facility or private caregiver, you are likely struggling to manage your child’s physical and emotional injuries. You may also be dealing with strong emotions knowing that your trust was violated. A West Palm Beach child injury lawyer at Demand the Limits can help. We understand the physical, emotional, and financial pain and suffering you and your family are experiencing. We have the experience and commitment to ensure that the responsible party (or parties) are held accountable and that you are justly compensated for all your family’s injuries. Call (561) 600-3555 to schedule a free consultation.
Florida Law and Childcare Providers
Federal law effectively defers to state law when it comes to licensing and supervising childcare providers; however, it does require each state to maintain policies for the protection of the health and safety of children in daycare settings. Florida law requires both commercial and private childcare providers to be licensed through the Florida Department of Children and Families. As part of the licensing process, childcare providers are required to submit to background checks and complete training to ensure that the children in their care are safe.
Accidents vs. Negligence: Understanding the Duty of Care
Children young enough to be in daycare are prone to accidents that cause bumps, bruises, and scrapes. These are to be expected when children spend hours each day playing together on a playground or even in a classroom. If a child is seriously injured, however, the question of negligence arises.
To understand when an accident was more than a simple accident, you need to understand the basics of tort law. Tort law is the area of the law that allows you to pursue compensation for injury to your person or property. Negligence is the most common type of tort and is based on a duty of care owed to you (or an injured victim) by the defendant. If the defendant breached that duty of care, and you (or your child in this case) were injured as a result, the defendant could be required to compensate you for damages (injuries).
In the case of a childcare provider, Florida law acknowledges the duty of care owed by the provider to a child and the child’s family. That duty of care requires the childcare provider to do everything reasonable to keep the child safe and secure and to properly supervise the child while he or she is in the provider’s care. If a childcare provider fails to uphold that duty of care, and the child is injured, the provider may be held liable for the physical, emotional, and financial injuries sustained by the child and/or the parents.
How Might a Childcare Provider’s Negligence Cause an Injury to My Child?
The sad truth is that there are a virtually infinite number of ways in which a childcare provider’s acts or omissions could result in negligence that leads to injuring your child. Some common examples, however, include things such as:
- Failing to maintain the required child-to-staff ratio.
- Failing to perform the required background check when hiring employees.
- Using inappropriate discipline.
- Leaving dangerous items within reach of children.
- Failing to properly maintain the premises.
- Not properly supervising children.
- Insufficiently trained staff.
- Absence of emergency protocols.
Who Is Responsible for a West Palm Beach Child Injury?
If your child was injured while at a daycare facility or while in the care of a private home childcare provider, and the negligent conduct of the facility, employees, or staff caused or contributed to the “accident” that caused your child’s injury, the provider and/or facility could be held liable for damages through a personal injury lawsuit. This is true without regard to an existing liability waiver that you may have signed. An experienced West Palm Beach child injury lawyer at Demand the Limits will review the facts and circumstances that led to your child’s injury to determine if those injuries were the result of negligence and explain your legal options to you. If the negligent conduct of an employee of a daycare facility caused or contributed to the accident, the facility may be held liable because the facility is legally responsible for properly hiring, training, and supervising its employees.
Get Help from an Experienced West Palm Beach Child Injury Lawyer
If your child was injured while in the care of a daycare facility or private childcare home, you may be entitled to compensation for your out-of-pocket expenses as well as for the physical and emotional suffering endured by your child and your family. When a childcare provider violates the trust placed in them and a child is injured, they should be held legally accountable, and the injured family should be fully compensated. An experienced West Palm Beach child injury lawyer can help in a variety of ways, including:
- Helping you locate appropriate healthcare providers.
- Investigating the circumstances of the accident.
- Gathering evidence to prove negligence.
- Maximizing the compensation requested for your injuries.
- Negotiating a favorable settlement.
- Litigating your claim in court.
At Demand the Limits, our experienced West Palm Beach child injury lawyers have extensive experience with all types of personal injury accident cases. We fight hard to defend the legal rights of all West Palm Beach injury victims. Call (561) 600-3555 or contact us online to schedule your free case evaluation. Don’t delay – the sooner you have an attorney fighting for you, the better protected your legal rights will be.