There is nothing worse than trusting a daycare facility to make sure your child is safe, only to find that they’ve failed to do so. As a parent, your child is your number one priority, and if you suspect that your child’s daycare has harmed your child, you’re most likely looking to remedy the issue. It’s important to understand that daycares in Florida have legal duties, and parents may pursue claims in the event that those duties are breached, leading to injury. Please continue reading and reach out to our seasoned and compassionate Jacksonville personal injury attorneys to learn more about daycare liability in Florida and how we can help you hold your child’s daycare accountable for their actions. Here are some of the questions you may have:
Do I Have To Sign a Daycare Liability Clause?
Daycares will attempt to get parents to sign something known as a “daycare liability clause.” These agreements are often problematic to sign, as the primary purpose is to deter you from suing the daycare, should anything ever happen to your child while in the care of the staff.
You are not legally obligated to sign this clause. You should also note that even if you had signed this clause and your child is now injured or harmed because of daycare negligence or abuse, you still have a right to bring a claim against the daycare.
Are Liability Waivers Enforceable in Florida?
It’s important to understand that waivers, under Florida law, do not excuse gross negligence or abuse. As such, the courts will closely examine any signed liability waivers for daycare accidents. Additionally, parents may still have the legal grounds to file a valid claim.
What Are The Most Common Signs Of Daycare Negligence?
Like any location that cares for vulnerable groups, the premises of Northern Florida a daycare should be clean, neat, and safe. Some common examples of poor daycare conditions that may indicate neglect or abuse are as follows:
- Rusty or defective playground equipment
- Unclean air or drinking water conditions
- Serving spoiled or improperly prepared food
- Small objects left unattended
- Lack of supervision by staff
- Leaving cleaning products within reach of young children
Warning Signs Your Child May Be a Victim of Neglect or Abuse
No one ever wants to imagine that their child will be harmed in a daycare. However, by familiarizing yourself with the most common signs of neglect, abuse, and negligence, you can quickly put a halt to this behavior and hold the Florida daycare liable for its actions. As such, common signs include:
- Noticing that your child is losing weight
- Complaints of hunger or thirst after leaving daycare
- Noticing your child continuously leaves daycare with bruises or cuts
- Regression in speech or development
- Behavioral changes
- Fear of going to daycare or certain staff members
What Duties Do Daycare Facilities Owe Children in Florida?
When you leave your child in the care of a daycare facility and its staff, your child is owed a number of rights under Florida Law. As such, the duties the staff must provide include:
- Duty to supervise
- Duty to maintain safe premises
- Duty to provide safe food and water
- Duty to properly train and supervise staff
How Breaches Lead to Liability
When one of these duties is breached, it means that the Florida daycare failed to meet its legal duties and thus, it can ultimately face liability in the event a child is injured on the premises as a result of the negligence. Any time the daycare fails to meet the standard of care expected of any other similar child care facility, it can constitute negligence. This can include:
- Failing to properly train staff
- Failing to supervise children
- Failing to maintain safe premises
For example, if a daycare failed to maintain the proper staff-to-child ratio, and your child is injured as a result of a lack of supervision, the daycare may be held liable for the injuries your child has suffered. This is because they breached the legal duty to adequately supervise your child.
What Should I Do If I Believe My Child Was Harmed at Daycare?
Learning that your child has been injured on the premises of the location intended to care for and keep them safe can be incredibly upsetting. While, as a parent, your first instinct may be to do everything you can to hold these individuals responsible, taking the necessary steps is critical to recovering justice for your child.
Document What You Notice
The first thing you should do is begin collecting evidence and documenting all instances of suspected negligence or abuse. This includes:
- Incident reports
- Emails or text messages with staff or administrators
- Photos of injuries
- Photos of unsafe conditions
- Statements from your child
Seek Medical Attention
If you believe your child has been harmed, ensuring you obtain medical attention is critical, even if the injuries are seemingly minor. Doing so can help create immediate and objective documentation of harm.
Report Serious Concerns
If you have reason to believe that your child or other children are at a serious risk of danger when in the care of the daycare and it’s staff, you should inform the appropriate state agencies or local law enforcement if abuse is suspected.
Contact Our Experienced Florida Personal Injury Firm
Ansbacher Law is composed of knowledgeable attorneys who are ready to assist clients with various legal matters throughout North Florida. We understand the urgency of your personal injury claim and additional legal matters, which is why we provide each of our clients with compassionate and efficient legal assistance every step of the way. Please contact our office for an initial consultation today.