COVID-19 FAQs

Holding a Florida Daycare Facility Liable after a Child Is Injured

When we send our children to daycare, we trust that they will be safe, well taken care of, and protected while we’re at work. However, Florida daycare accidents happen, and no parent ever wants to receive a phone call informing them that their child has been hurt. When parents entrust daycare centers and caregivers to watch over their children, they should be able to do so without worrying about unsafe facilities or neglectful caretakers. Thus, when accidents occur, those individuals responsible should be held accountable for their actions.

In a recent state appellate court opinion, the plaintiffs sued on behalf of their son, who suffered a serious injury while at a daycare facility. Evidently, while the child was sleeping, an unsecured television collapsed on him. Barely two years old, the impact from the accident crushed part of his skull and left him connected to a ventilator for nine days. The child subsequently suffered significant developmental issues following the accident. The plaintiffs sued the daycare facility, its owner, and the employee directly responsible for caring for their son, asserting claims of negligence and premises liability. After trial, the jury awarded the plaintiffs $30.3 million in compensatory damages.

The daycare appealed the damages award and judgment entered against them, attempting to secure a new trial. The daycare argued that there was juror misconduct and an introduction of extraneous information that tainted the jury’s judgment and influenced the verdict. Ultimately, the court disagreed with the defendants’, holding that there was no extraneous information that actually prejudiced the verdict and denied the daycare’s request for a new trial.

In Florida, daycare facilities and other licensed childcare providers have a responsibility to keep the children safe. Yet, too often daycare workers negligently supervise children, failing to keep a close eye on the child. This negligence can directly cause a child’s injuries.

Negligent supervision of a child claims are typically broken into two categories: (1) inattention claims, where a caretaker failed to properly supervise the child to minimize their risk of injury, or (2) failed supervision claims where something that the facility did or did not do resulted in the injury that took place.

In Florida, establishing that the daycare facility was negligent means that one must show that the injury that occurred was foreseeable and that this breach of responsibility directly caused the child’s injuries. These cases can often be complex, and potential plaintiffs are encouraged to hire an experienced attorney who understands the details and nuances of the law in order to help them pursue the compensation they deserve.

Has Your Child Been Injured at a Florida Daycare Facility?

If your child or someone you know has suffered an injury at a Florida daycare facility, contact the attorneys at Friedman, Rodman Frank & Estrada, P.A. The lawyers at our firm understand how difficult and complicated it can be to bring a claim after an accident, especially one involving your children. Our lawyers will advocate for the compensation that you and your loved ones deserve. We handle all types of Florida premises liability cases, as well as car accident claims, instances of medical malpractice, and more. Contact our office today at 877-448-8585 to schedule a free consultation with a lawyer on our team.

Contact Information