If your child gets hurt at daycare, it’s natural to feel worried and unsure what to do next. You might be asking, “Should I hire a lawyer?”
The answer is YES! If the injury was caused by something the daycare did wrong—like not keeping the place safe or not watching your child closely—you should hire a Florida daycare injury lawyer to help you review your legal options.
In Florida, daycares must follow strict safety rules, and if they break those rules, they might be responsible for the injury.
How Do I Know If My Child’s Injuries Were Caused by Daycare Negligence?
As a parent, discovering your child has been injured at daycare is devastating. You might feel overwhelmed trying to figure out what happened, who’s responsible, and what to do next. The good news is that you don’t have to figure this out alone. You don’t need to be a detective or legal expert. That’s what experienced Florida daycare injury lawyers are for.
When your child is hurt, your primary focus should be on their medical care and emotional well-being. A qualified daycare injury attorney can handle the investigation and determine if negligence played a role. They know exactly what to look for and how to gather the evidence needed to build a strong case. They’ll examine staff records, review safety protocols, interview witnesses, and analyze surveillance footage if available.
These lawyers understand Florida’s complex daycare regulations and can quickly spot violations that might not be obvious to parents. They know which questions to ask, what documents to request, and how to preserve critical evidence before it disappears. If the daycare tries to hide information or downplay the incident, your lawyer will know how to handle that, too.
You might be hesitant to contact a lawyer and wondering if you’re overreacting. Don’t be.
At Prosper Shaked Accident Injury Attorneys, PA., our Miami daycare injury attorneys offer free consultations and work on a contingency fee basis – meaning you don’t pay unless we win your case. We will evaluate your situation and tell you honestly whether you have a valid claim.
Remember, hiring a lawyer after your child is injured at daycare doesn’t mean you’re being confrontational or trying to cause trouble. It’s about protecting your child’s rights and ensuring they receive proper compensation for their injuries. It’s also about preventing similar incidents from happening to other children. Sometimes, legal action is necessary to make daycares take safety seriously and make needed changes to protect all children in their care.
Understanding Daycare Injuries: What Can Happen?
Injuries at daycare can happen for all sorts of reasons. Sometimes, kids get hurt just from being kids—like tripping or playing a little too rough. However, other times, daycare may not be as careful as it should be. If your child gets hurt at daycare, it’s important to determine if it was just an accident or if the daycare is responsible.
Some common injuries that can happen at daycare include:
- Slips and falls from wet floors, puddles of water, or uneven surfaces
- Tripping over toys or other objects that are left on walkways
- Accidents on playground equipment that isn’t well-maintained or designed for age-appropriate play
- Cuts and scrapes from sharp objects, broken toys, or unsafe play equipment
- Bruises caused by rough play, pushing, or falling without proper supervision
- Broken bones from accidents during active play or falls from heights
- Bumps to the head from falling or being accidentally hit by another child
- Health issues like food allergies triggered by improper food handling or cross-contamination
- Choking hazards from improperly prepared food or small objects left within reach
- Burns from hot liquids, heated surfaces, or improperly stored cleaning products
- Infections from improper hand washing or not cleaning toys and surfaces properly
- Respiratory issues caused by poor air quality or exposure to secondhand smoke or chemicals
- Animal bites if pets or animals are allowed at the daycare without proper supervision
- Dehydration or heat exhaustion from outdoor play in extreme weather without enough breaks or water
- Eye injuries from sharp objects, rough play, or chemicals not properly stored
Florida leads the nation in tragic daycare incidents involving infants who are forgotten and left in overheated vehicles. For example, in 2019, a Florida daycare employee left an infant in the facility’s transportation van. The baby was still strapped into the car seat when daycare workers found her unresponsive in the van several hours later. Tragically, the infant died due to the heat in the van. This truly tragic incident would never have occurred if the daycare workers had done the most fundamental parts of their job correctly.
When Is a Daycare At Fault?
Understanding when a daycare is at fault can be tricky for parents. The key is knowing the difference between normal childhood accidents and true negligence. Sometimes, kids get hurt even with the best care – they might trip while running, bump into each other during play, or get minor scratches. These normal childhood accidents usually aren’t the daycare’s fault.
However, daycares must follow strict safety rules under Florida law. They need proper supervision, safe equipment, clean facilities, and enough trained staff. A daycare might be responsible for your child’s injury if they break these rules. For example, if they left children unsupervised, had broken playground equipment, ignored allergy instructions, or failed to maintain a safe environment.
Watch for warning signs of an unsafe daycare. These include overcrowded rooms, unhappy or overworked staff, dirty facilities, broken equipment that never gets fixed, or staff who don’t communicate about your child’s day. If your child gets hurt, document everything. Take pictures, get medical help if needed, ask for accident reports, and find out exactly what happened.
If your child suffers a serious injury, if the daycare won’t explain what happened, or if they try to hide information, it’s time to consider hiring a lawyer. The key is whether the daycare failed to provide reasonable care and safety measures that could have prevented the injury.
If something seems wrong, trust your instincts and take action to protect your child.
Florida’s Daycare Laws & Regulations
Florida has strict regulations for daycare centers to ensure children’s safety and well-being.
Proper Staffing
At the heart of these rules is proper staffing. Florida law requires specific staff-to-child ratios that change based on children’s ages. For example, one staff member can only care for four infants (under 12 months), while they may supervise up to 20 school-age children. These ratios ensure each child receives adequate attention and supervision throughout the day.
Background Screening
The state takes staff screening very seriously. Every person working at a daycare – from teachers to janitors – must undergo extensive background checks, including fingerprinting and criminal history screening. These checks look for any history of child abuse, violent crimes, or other concerning behavior that could put children at risk. Workers must also complete specific childcare training courses and maintain current certifications in areas like CPR and first aid.
Safety & Security
Building safety is another crucial aspect of Florida’s daycare regulations. Centers must maintain clean, well-lit facilities with proper ventilation and temperature control. Working smoke detectors and carbon monoxide alarms must be installed throughout the building, and fire extinguishers must be easily accessible. All exits need to be marked and unobstructed. Regular safety inspections check for hazards like loose wiring, broken equipment, or unstable furniture.
Hazardous & Dangerous Items
Hazardous materials and dangerous items require special attention under state law. Cleaning supplies, medications, sharp objects, and any other potentially harmful items must be stored in locked cabinets out of children’s reach. This includes keeping chemicals in their original containers and maintaining a detailed inventory of all medications on site. Even items like scissors and art supplies must be carefully monitored and stored safely when not in use.
Emergency Protocols
Emergency preparedness is mandatory for all Florida daycares. Each center must have a written emergency plan that covers various scenarios, including fires, tornados, hurricanes, flooding, severe weather, medical emergencies, and potential security threats. Staff must regularly practice these procedures with the children through drills. The plan should include evacuation routes, emergency contact information, and clear procedures for notifying parents during any crisis.
Documentation & Record Keeping
Documentation and record-keeping play a vital role in maintaining safety standards. Daycares must maintain detailed records of all accidents, injuries, and unusual incidents. These reports should include the date, time, and location of any incident, which children and staff were involved, what actions were taken, and when parents were notified. They must also keep updated records of children’s medical information, emergency contacts, and any special needs or allergies. These records help identify patterns of problems and ensure proper response to emergencies.
Food Safety
Beyond these basic requirements, Florida daycares must also maintain proper food safety standards if they serve meals, ensure age-appropriate activities and materials, and provide adequate outdoor space for physical activity. Regular inspections by state officials verify compliance with all these regulations, and violations can result in fines, mandatory corrections, or even closure of the facility. Parents have the right to review inspection reports and should feel empowered to ask questions about how their daycare meets these important safety standards.
What To Do if Your Child Was Injured at Daycare
Do you know what to do if your child is injured at daycare? The most important step is ensuring your child receives medical attention immediately. Focusing on your child’s health and well-being is critical after a daycare injury. Once they’re stable and you’ve sought medical care, take the following steps:
- Report the incident to the daycare center
- Report the incident to your local police department if you believe anyone acted in a criminal matter.
- Photograph and document your child’s injuries.
- Obtain the names and contact details of any individual who witnessed the incident or has information about what occurred.
- Consult an attorney to discuss your legal options.
Contact Our Child Injury Lawyers Today
If your child suffered at the hands of a negligent daycare anywhere in Florida, we are here to help. For a free and completely confidential consultation, call Prosper Shaked at (305) 694-2676. We aim to hold those who did wrong to your child accountable for their actions and ensure that your family obtains proper compensation.