School/Daycare Negligence
If your child or a loved one has suffered an injury due to the negligent actions of a daycare provider, an immediate and thorough investigation of the injuries and the circumstances surrounding it should be conducted. Khullar Law, PLLC helps victims of daycare and school negligence get the compensation they are entitled to for their injuries and damages. Attorney Divya Khullar will fight on your side to help you, your child, or your loved one while you and your family are coping with this traumatic experience.
How Florida Law Defines Child Care and Daycare
Under Florida law, “child care” is defined as the protection, care, and supervision of a child for less than 24 hours per day on a regular basis. Child care must supplement enrichment, parental care, and health supervision for the child, according to their individual requirements, as a paid service. Florida law defines a child care facility as: “any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.” Exceptions to this definition include summer day camps, public schools, bible schools etc.
Under Florida law, adult day care centers are defined as: “any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for part of a day, basic services to three or more persons who are eighteen years of age or older who are not related to the owner or operator by blood or marriage, and who require such services.
Proving Provider Negligence
When filing a child care or daycare negligence case, the burden of proof is on the injured party. The plaintiff must prove that the provider had a duty to the child or adult, that they breached that duty, and that the breach directly resulted in the cause of injury. They must also prove that the injury caused by the breach resulted in damages. Some examples of Florida daycare provider negligence include:
Failing to provide adequate medical attention
Failing to provide proper supervision
Not screening employees or conducting background checks
Having unsafe premises
Failing to accommodate special dietary needs after agreeing to do so
Leading Causes of Child Care Injuries
The CDC reports that around 8,000 children in the U.S are treated for fall-related injuries in emergency rooms- DAILY. The most likely places for falls to occur include:
Playground equipment, particularly monkey bars and slides
Beds without railings
Stairs
Elevated landings
Windows
Baby walkers
Cluttered pathways
Slippery bathtubs
Although falls are extremely common among all children, babies and toddlers are especially at risk of injuring themselves from a fall. This is because smaller children haven’t yet developed the same level of balance and movement control as older kids.