If you send your little one to daycare, preschool, aftercare, or another type of child care service, you do so with the expectation that they will be well cared for. After all, that is the number one job of any child care provider, regardless of the particular “mission” or focus of the specific “program.” Socialization and learning are great, but they cannot come at the expense of safety.
Unfortunately, as the experienced injury attorneys at The South Florida Injury Law Firm can attest, child accidents and injuries do happen – even at the finest daycare establishments – due to negligence and unsafe conditions. So, what can you do if your child is injured at a child care facility?
As you struggle with obtaining medical care and focus on your child’s recovery, the legal side of things may be far from your mind. However, you owe it to your child and your family to consider the potential benefits of winning a personal injury claim.
Contrary to popular belief, injury lawsuits are not about getting a payout or putting a price tag on an accident. Ask anyone who has suffered through a serious injury – especially to their child – and they will tell you that if they could turn back time, they would do so in a heartbeat – compensation or no compensation.
So, why file a suit after a daycare injury? Parents with injured children get in touch with The South Florida Injury Law Firm for a number of different reasons.
There is a huge difference between getting a “payout” and being compensated for what someone else did. Serious injuries typically do not simply fix themselves. They require visits to doctors. Or hospitals. There may be surgeries. Physical therapy or other types of rehab work. Medicines or other required medical tools.
If another’s actions literally end up costing you tens of thousands – or more – it should be their responsibility to cover those costs. Unfortunately, it does not quite work that way. Compensation is possible, but not automatic – you have to fight for it. Filing a personal injury lawsuit is how you do this.
This is actually a fairly broad category that covers a number of repugnant acts. For the very young, shaking them can cause damage to the brain because it essentially causes their brain to rattle around in their head. Hitting or kicking someone in the head can also cause injury to the brain, as can gunshots and blows to the head from other objects, such as a hammer.
Many soldiers experience damage to their brains that are related to explosions. There are a number of reasons for this. Depending on the type of explosive device, there may be shrapnel or other flying debris that penetrates a soldier’s head. It’s also possible that other people or objects may collide with a soldier’s head due to the force of the blast. And then there is the blast itself, which researchers believe causes a pressure wave to pass through the brain and cause damage and disruption.
The chances of simply falling down to the ground and causing an injury to your brain are fairly small, but unfortunately there are many other kinds of falls that do lead to this, especially for the very young and the very old. People slip and hit their head on a rock. Or fall down a flight of stairs. Or tumble from a great height, such as off of a ladder or over a balcony. Even simply falling directly onto your head on a hard surface can lead to lasting brain damage, such as slipping in the bath or slamming into concrete. Some have even experienced injury to their brains from diving into a swimming pool improperly and smacking their head on the diving board.
f you follow the Dolphins or the Bucs, then you’re probably aware that the NFL has been trying to put a lot more focus on concussions lately. Even wearing state-of-the-art protective helmets and following rules that prevent leading with the head, head injuries happen when large men race towards each other and purposefully collide. And one need look no further than Muhammad Ali to realize that boxing, with its repeated blows to the head, can cause serious and lasting injury to the brain. But these aren’t the only sports that are culprits – kids fall from skateboards and bicycles, get hit with balls in baseball, and run into each other even in sports like soccer and basketball or when swimming.
When cars, trucks, boats, and other kinds of vehicles collide, there are all kinds of ways for head injuries to occur. Sometimes it’s something as simple as having your head slam into the steering wheel or window. Other times someone involved may be thrown from a vehicle and hit the pavement hard, an outcome that is common for accidents that include motorcycles, bicycles, and pedestrians.
Youngsters have a way of finding themselves into trouble and do not always recognize dangerous situations. That’s why careful, constant supervision is needed from the staff members of a daycare center. Lack of supervision is a leading cause of accidents and injuries in daycare facilities.
Adequate training is important for jobs in any field, but is particularly important at daycare centers. These are individuals you are trusting with your children, who are not only the most precious part of you, but at a vulnerable, formative stage in their life.Childcare staff should be trained to manage the unique challenges and risks that come with caring for children, in addition to being knowledgeable on preventing and handling emergencies. Daycare and aftercare conditions become dangerous when a staff is improperly trained.
Even the most caring staff members may struggle to provide adequate supervision if their daycare center is understaffed. Insufficient staffing levels at a daycare or after-school facility not only places your child in danger, it is a violation of Florida law.
At a daycare, all equipment should be stringently maintained. Broken playground parts, malfunctioning toys, or faulty baby gear like cribs and highchairs can result in tragedy.
Any establishment that cares for young children should be “childproofed.” That means ensuring choking hazards and cleaning supplies are out of reach, floors and sharp objects are padded, electrical sockets are covered, and so on. Without strict, strategic childproofing, daycare accidents become an inevitability.
aycares can become germ factories when they are not properly cleaned and sanitized. Conditions may also become unsanitary if staff members do not follow best practices to prevent transmission of germs and illnesses, such as washing their hands frequently and encouraging children to do the same. Unsanitary conditions at a daycare can allow colds, flus, and illnesses to circulate among the children.
Similarly, a lack of food safety awareness at a daycare center can lead to foodborne illness. Staff members have a responsibility to keep cooking areas clean, refrigerate perishable foods, and ensure the right food goes to the correct child. In addition, food should be cut into bite-size pieces to prevent choking accidents.
Slip and fall accidents can cause serious injury at any age. These types of accidents can be common in daycare centers, where many youngsters may be still learning to walk, and hazards like toys are often strewn about floors. Unsafe conditions, such as worn carpeting or cracked floors, may also cause slip and fall accidents among children at daycare centers.
Even if you are uncertain whether you have a personal injury case against your daycare center, we encourage you to get in touch with The South Florida Injury Law Firm. We offer parents a free consultation, during which one of our experienced child injury attorneys will help explain your rights and discuss your options. In addition, our lawyers work on a contingency basis, meaning you won’t pay a cent until we get the compensation you deserve.