Parents trust daycares to educate, respect, listen to, and protect their children when they cannot do so themselves. In today’s world, almost everybody works, and almost everybody leaves their child with someone for at least part of the day, whether it be a family member, neighbor, or a daycare center. Wherever you leave your child, you rightfully assume he or she is well-taken-care-of, day in and day out. Unfortunately, this is not always the case, and daycare staff or employers can be negligent, causing an injury or harm to a child. If your child was harmed by your daycare provider, here are some of the questions you may have:
What Are Some Examples of Daycare Provider Negligence or Abuse?
Failing to supervise children at all times, especially on the playground
Leaving cleaning and otherwise toxic-if-ingested materials around children
Letting children play on broken or rusty playground equipment
Having sharp or small objects laying around that could potentially be choking hazards
Physically or emotionally abusing children
Understaffing, leading to a lack of control or supervision
Are Daycares Responsible for Injuries?
Generally, yes, they are. However, some daycares will try and get you to sign a waiver with a “liability clause.” Essentially, certain daycares will try and deter parents from suing their facility if their child is ever injured in some way. Fortunately, even if you have already signed one of these documents, courts generally feel that trusted facilities should not get away with negligent, or even sometimes downright malicious treatment of children. Therefore, there are certain cases where you most certainly can hold a negligent daycare responsible for your child’s injuries.
To sue a daycare provider, you must first prove that your child was enrolled in their program, and that they, therefore, owed your child a duty of care. From here, your attorney will prove that the daycare staff breached the duty of care and that your child was injured as a result. Essentially, breaching the duty of care means that the daycare was expected to provide your child with a safe, stable environment, and did not due to poor judgment.
How Can I Prove a Daycare Was Negligent?
To prove daycare negligence or abuse, your attorney will obtain security camera footage of the accident, pictures of the safety hazard, pictures of your child’s injuries, witness statements, medical documents, and more. If you suspect your child is in danger, do not hesitate to call 911. The police can protect you and your child, as well as provide a report of the incident as it happened, which you may also use as proof.
Contact Our Experienced Florida Firm
Cressman Law Firm, P.A. is committed to collecting compensation for personal injury victims in Winter Garden and the surrounding areas. If you have suffered an injury at the hands of a negligent party, we are here to ensure you get the compensation you deserve. Please do not hesitate to contact our experienced firm today.