Child Daycare Negligence

Miami Attorney

Florida law defines “child care” as the care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.

A child care facility under Florida law “includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.” There are exceptions to this definition, most notably public schools, summer day camps, bible schools, etc.

Florida law defines an adult day care center as: “any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for part of a day, basic services to three or more persons who are eighteen years of age or older who are not related to the owner or operator by blood or marriage, and who require such services.”

How Can a South Florida Negligence of Adult & Child Daycare Attorney Help You?

To prevail in a cause of action for negligence, the injured party has the burden of proving that the provider has a duty to the adult or child; this duty was breached; this breach was the cause of injury, and the injury caused by the breach resulted in damages.

 

If you or someone you care about has suffered an injury as a result of the negligence of a daycare provider, it is very important that a thorough investigation of the injury and all facts surrounding it be conducted as soon as possible.

Examples of daycare provider negligence:

  • Failing to provide proper supervision

  • Failing to provide adequate medical attention

  • Failing to provide special dietary needs

  • Failing to provide safe premises

  • Failing to screen employees or conduct background checks

The Perez-Gurri Law Firm will handle all aspects of your injury case. We will explain the law to you and how it affects your case. You should consult with an attorney who can advise you of your rights and the potential value of your damages. It is very likely that an insurance company adjuster or investigator will attempt to contact you and obtain your statement before you have had an opportunity to speak with an attorney. It is always recommended that you speak to an attorney before you speak with a representative from an insurance company.

What to do after accident/incident:

Report Accident to provider

Take photographs of premises and accident/incident area

​​Obtain the name and phone number of all witnesses

Take photographs of all visible injuries​

Do not speak to anyone but your attorney

Obtain immediate medical attention

You should consult with an attorney who can advise you of your rights and the potential value of your damages.

What you may be entitled to receive, including but not limited to:

-Payment of medical bills

-Payment of lost wages

​​

-Payment of lost services

-Payment for loss of earning capacity

-Payment for physical pain and suffering

-Payment for emotional pain and suffering

​​