For working parents, daycare is a must. Leaving children in the care of others is scary, especially when babies are only a few months old. Sadly, many children suffer serious injuries or are even killed in daycare facilities. If your child is injured while in daycare, what are your options? Miami personal injury attorneys assist parents and guardians with these difficult claims.
First, as a parent, you understand that some injuries are expected in daycare. Your toddler may bump his head. Your baby may have a bruise if she hits herself in the face with a toy. These incidents are typically harmless and simply part of childhood.
However, more serious injuries should not occur in a daycare facility. Daycare centers have a duty to prevent foreseeable harms to children. For example, a foreseeable harm may include a child falling down a set of steps, or putting his finger in a light socket. Daycare centers must exercise caution that is reasonable and prudent under the circumstances to maintain children’s safety.
One way that daycare centers avoid injuries is by ensuring that there are enough childcare workers employed at the facility. Two employees should not be in charge of watching twenty babies. Florida law provides that a maximum of four children under one year of age may be “assigned” to one daycare employee. Therefore, if the daycare has twelve babies, at least three employees should be present.
Additionally, daycare centers should ensure that their employees are properly trained before hiring and retaining them. They should be trained in basic first aid and CPR, for example. If a daycare center does not verify that its employees are properly trained, and a child is injured, the daycare center may be liable for any injuries that result.
If you believe that the negligence of a daycare facility you have chosen has allowed your child to be injured, you may be able to bring a claim against that daycare facility.
A injury attorney in Miami, you will help marshall important evidence, records and other types of evidence from the daycare operator. For example, surveillance video may show that your child was left unattended. Witness statements from other employees or other parents who were present in the daycare facility may demonstrate that an area was not properly enclosed.
Next, you will have to demonstrate that the breach directly caused your child’s injury. Often, a medical expert is necessary for this step. The daycare may try to argue that it was not liable for your child’s injury. However, with the assistance of your attorney, you will build a strong case to show how the daycare center was negligent.
Was your child injured?
At Gerson & Schwartz, our personal injury attorneys are experienced in daycare injury claims and we know how to hold daycare centers accountable. Call 877-475-2905 or visit our website at www.injuryattorneyfla.com to schedule a free consultation.