Deciding to trust another person with our children is difficult, and a decision taken with careful planning and thought. When parents choose a daycare facility, they believe it to be a place where their children will be protected and safe. If a child suffers an injury at a daycare that falls below the appropriate standards, it is not only a physical setback for the child but also an emotional blow for the family. Daycare facilities that act negligently should be held accountable for the injuries that result. The Miami daycare injury lawyers at the Law Offices of Robert Dixon can help families seek proper compensation from those responsible for a child’s harm while in the care of another. Our premises liability attorneys assist people across South Florida, including in Miami-Dade, Broward, and Palm Beach Counties.Establishing Responsibility for Daycare Injuries
Daycare providers, as well as their staff, must make sure their properties are free from any dangerous conditions. These facilities have a duty to make routine inspections, promptly fix any hazards, and warn visitors of any dangerous conditions that may exist. For daycares, this duty may include ensuring all playground areas and objects are in proper order, free from broken jagged edges or other poor maintenance issues.
To recover damages sustained from injuries at a daycare, based on a premises liability theory, it usually must be shown that the center, or its staff, knew or reasonably should have known of the dangerous condition and failed to remedy it. For instance, a daycare operator that fails to repair a broken swing, causing a child to fall and break a limb, may be held accountable for the damages that result. Compensation for medical costs, as well as pain and suffering, typically may be pursued, as well as compensation for any other forms of harm that may occur.
Daycare providers are entrusted with the safety and care of the children under their control. Lack of proper supervision is the leading cause of injuries sustained in daycare facilities, often due to inadequate staffing. State and federal laws dictate specific standards that these facilities are to meet, including removing known dangers, providing adequate oversight, and maintaining certain protocols in the event of an emergency. In addition to ensuring a facility follows the letter of the law, it is important for parents to also be aware of the conditions at their selected daycare, including:
- Safety standards and protocols,
- First aid availability and access,
- The appropriate ratio of caregiver to child,
- Bathrooms that are clean, safe, and easily accessible,
- Food preparation safety measures as well as schedules, and
- Playground supervision practices and equipment maintenance.
Failing to provide a safe environment for children who are unable to recognize and avoid dangers can be especially devastating when it comes to injuries. Making sure families hold the proper parties responsible for a daycare accident is important to ensure such injuries do not happen again.Consult a Daycare Injury Lawyer in Miami
Getting a call that your child has been hurt is one of the most frightening moments of a parent’s life. That fear is only compounded when you discover your child was hurt due to another person’s carelessness. The Miami daycare injury attorneys at the Law Offices of Robert Dixon assist parents in standing up for their children’s rights and safety by helping them pursue proper legal action. We also represent families in Miami, West Palm Beach, and other South Florida cities. If your child has sustained a daycare injury, call 877.499.4878 or contact us online to schedule a free, no-obligation consultation with an injury attorney.