When your child is in daycare, it’s normal to get frightened whenever your phone rings. The last thing you want to see on your phone screen is the phone number for your child’s daycare! Then one day it happens – you get a call to tell you that your child has been injured in an accident, and your heart drops. If your child’s injury was caused by negligence, recklessness, or an intentional act while at daycare, your child is entitled to compensation under Florida law. Shapiro Injury Group offers compassionate representation to children and families throughout Central Florida. Call 321-900-HURT to schedule a free in person or remote consultation.

The Elements of A Daycare Accident Case

Most personal injury attorneys will know how to handle a car accident or slip and fall case, but daycare cases require experience with child injuries and the laws and regulations for Florida daycares. Be sure to ask the attorney you’re consulting how many daycare cases he or she has handled, and whether or not they were successful. This is what’s needed to prove daycare accident cases in Florida:

• The daycare had a duty of care to keep your child safe;
• The daycare breached this duty;
• The breach was the direct and legal cause of your child’s injuries;
• The injury was reasonably foreseeable to the daycare;
• There is proof of your child’s injuries and their severity.

How To Prove The Elements

This is no easy task. Each of these elements must be proven with evidence that is legally admissible. For example, a written or verbal contract must establish the daycare relationship. Next, it must be shown that the daycare committed and act or omission that caused your child harm such as:

• Failing to properly supervise children
• Leaving dangerous items within reach
• Not fixing hazards such as slippery floors in a timely manner or
• Negligently hiring neglectful or abusive staff. 

A child slipping on water may be foreseeable, but the ceiling falling usually is not, (but there may be a claim against the upstairs tenants.) Medical evidence must be submitted by doctors that examined your child to prove that injuries were sustained.

Orlando Daycare Accident Attorney

There are usually no independent witnesses for daycare accidents, and the employees will try to cover things up. That’s why you need an attorney that knows exactly how to investigate and prosecute these cases successfully. Shapiro Injury Group offers compassionate representation to children and their families involved in Daycare Accidents throughout Central Florida. Call 321-900-HURT to schedule a free in person or remote consultation.