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Daycare Negligence in Florida

daycareParents often have no choice but to depend on daycares to watch their children while they work. When you drop off your child at a daycare, you expect your child to be taken care of. Many children at daycare need constant attention due to their age. Unfortunately, thousands of children are injured every year in daycares in Florida and throughout the United States. If your child has been injured while at daycare, you may be able to take legal action against the facility. At the Law Offices of Robert Dixon, our highly skilled injury lawyers are well-versed in virtually all aspects of personal injury law and can put our knowledge to use in your case.

According to the National Center for Education Statistics, an estimated 13 million children are enrolled in some type of childcare service. The National Association of Child Care Resources & Referral Agencies (NACCRRA) reports that Florida alone has approximately 9,264 childcare centers and/or family child care homes. It is also important to note that 98 percent of the childcare that is requested is made use of on a full-time basis.

In Florida, sections 402.26-402-402.319 of the Florida Statutes set forth the guidelines for children’s health, safety, and well-being. Daycares who misrepresent their qualifications or credentials are liable under Florida law. Some of the guidelines set forth by the Florida Statutes include:

  • Health sanitation regulations must be adhered to for safe food and water; inspections; working utilities; cleanliness; and vermin-free environments.
  • Supervision standards, such as proper screening and training of staff, must take place.
  • Certain staff-to-child ratios must be adhered to.
  • Transportation standards, such as seat belts in vehicles and appropriate numbers of children per vehicle, must be followed.
  • Outdoor safety requirements, such as proper fences and grounds, must be maintained to reduce the risk of injuries.

When a daycare falls short of exercising reasonable care, they can be held liable for any resulting harm. Reasonable care is defined as how a prudent or sensible daycare facility would act in the same situation. In order to establish negligence on the part of the daycare, the plaintiff has to show the following: the daycare owed the child a duty of care; the daycare breached the duty of care; the daycare’s breach was the direct result of the child’s harm; and other evidence associated with the harm that occurred. For example, if a daycare is aware of a child’s dietary restrictions and feeds the child something he or she is severely allergic to, the daycare may be liable for any injuries that occur as a result of its action. This is because the daycare has an obligation to take reasonable care when giving children food and must be vigilant about not providing any food that could cause harm.

At the Law Offices of Robert Dixon, our diligent injury lawyers have helped countless South Florida clients get the justice they deserve in negligent daycare cases. We will help you settle your claim or build a strong case for you in the courtroom. We understand that dealing with the injury of a child can be extremely stressful. You can rest assured that we will diligently advocate for your rights every step of the way. We are here to answer your questions and address your concerns. To learn more, call us at 1-877-499-HURT (4878) or contact us online today.

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