Many parents with busy schedules need assistance caring for their kids during work hours. Families rely on childcare centers to take care of their children while they work and earn a living. But what are their rights when a Child Injury occurs due to a daycare provider’s negligence? Understanding these rights is crucial for protecting your child and ensuring accountability. We’ll dive right in to cover all the information you need about daycare centers and their responsibilities, as well as what Indianapolis personal injury law says about them.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
Can I sue a Daycare Centre if my child has been injured?
Florida allows you to file a lawsuit if your child has been injured in a daycare facility due to negligence or carelessness. It may not be easy to get justice, accountability and compensation. It’s important to consult an experienced personal injury lawyer before you decide that you’re in the right.
What to do if your child has been injured at daycare
You’ll want to take into consideration a few things before you move forward, no matter how clear-cut you think the cause of an injury was for your child. It’s important to communicate with the daycare management, but it is best done under the guidance and advice of an experienced lawyer.
Negligence
The plaintiff (the minor child’s parent) is responsible for proving that the daycare provider did not provide the duty of care necessary to protect the child. The parent is responsible for proving that the daycare provider was negligent, careless or intentionally harming your child. You’ll need to prove at least one of the following as the plaintiff:
- Negligence: Your child was injured because the daycare provider, or employee, failed to take reasonable care.
- Violations of Florida regulations: The childcare provider inflicted injury on your child by violating Florida regulations.
- A daycare employee who has intentionally hurt or abused your child.
In order to prove personal injury, the plaintiff only needs to show a preponderance of the evidence. This means that you do not have to prove your claims beyond a reasonable degree of doubt, but only that they are likely true.
Comparative Fault
When filing a lawsuit for child injury against a daycare, it is important to take into consideration the relative fault. The rule says that if a child was at least 51% responsible for an incident that caused their injury, the parent cannot file a lawsuit or seek damages. If a parent fails to inform their child of allergies or medical conditions they may be partially responsible. The parent may be held responsible if they did not comply with the dress code of the daycare (shoes and not sandals), or if the clothing was not appropriate for the weather. They can claim compensation if the parent is found to be 50% or less at fault. The compensation is reduced by the percentage of the parent’s liability.
Limitations on Child Injury Claims
The limitation period for personal injury is two years after the date the accident occurred or when the discovery was made. One caveat is for children who are injured in a daycare center. The law allows minors to delay the statute of limitation until they reach 18. The child injury lawsuit may be filed up to the age of 20.
How to prove childcare negligence
Without the expertise and guidance of an attorney for child injury, it could be hard to prove negligence in childcare. It is possible, but it’s easier to do with a professional. Even if a childcare facility offers a settlement, the outcome is unlikely to be the best. You’ll need as much evidence and information as you can to prove negligence.
- Documentation: Medical bills and daycare incident reports can be used to prove the accident and its impact on your child. You can also help by obtaining copies of emails or other communications you may have had with your childcare provider.
- Videos and photos: Video and pictures of the accident scene and your child’s injuries can be valuable evidence in proving negligence.
- Witness statements. Testimony of daycare staff or others who witnessed the accident or an unsafe environment is invaluable when proving negligence or carelessness. Expert testimony about childcare safety standards is also valuable.
Do I need an attorney to sue a daycare for a child’s injury?
Technically, no. Parents of children who believe their child has been injured by neglect, negligence, or abuse can file a lawsuit for personal injury. Due to the complexity of these cases, it’s best to consult a personal lawyer who has experience in similar cases and has proven success. It can be challenging to prove negligence without the help of an experienced lawyer. Some common hurdles include:
- Evidence may be difficult to gather if your child did not immediately notify the daycare staff of the injury or if the staff failed to properly document the incident.
- Obtaining records from daycares: Some facilities are reluctant to release incident reports, logs of staff, or videos, and you may need to obtain a subpoena in order to access them.
- The witness may be reluctant to provide any information because they fear repercussions by their employer.
- Daycares may claim that parents have assumed all risks associated with the child they are caring for.
- Contracts and waivers: Most daycare providers ask parents to sign contracts, which may contain fine print that limits the facility’s liabilities.
Here are a few of the obstacles that parents can encounter when filing a lawsuit for child injury against a daycare center. A favorable outcome is best achieved by working with a skilled attorney.
What can I do if my child is injured at a daycare?
Allows parents to bring a lawsuit for personal injury if they believe that a daycare center acted negligently, and their child has been injured. It can be difficult and frustrating to do this without legal guidance. Bonardi & Uzdavinis LLP is committed to helping parents pursue daycare accountability. If you believe your child was injured due to negligence or abuse, contact a Personal Injury Lawyer Tampa FL at Bonardi & Uzdavinis LLP today. Our child injury attorneys are here to help.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
