Even if every employee of a daycare center or other childcare facility provided the best supervision for every child they oversee, those children may still be at risk of serious harm. Severe injuries can result if facility owners fail to ensure their property is in safe and habitable condition. Unfortunately, this form of negligence is more common in Florida than many parents might like to think.
If your child sustained harm from unsafe conditions in an Orlando daycare, filing a claim may be vital to protecting your entire family’s best interests. With support from a seasoned daycare accident attorney, you have a better chance of enforcing your rights under state law. Contact the Umansky Law Firm today for more information about demanding fair financial compensation on your child’s behalf for the injuries or illnesses they should never have experienced.
Florida Statute § 402.305 establishes numerous licensing standards for childcare facilities in Orlando, designed to address children’s developmental and nutritional needs. This law also ensures their physical surroundings are safe and sanitary. Subsection (7) specifies that daycare facilities must have at least one staff member trained in CPR on-site while children are present. They must also meet minimum standards for emergency procedures and first aid capacity.
A facility that violates any part of this statute may be legally liable for the harm that comes to a child in their care as a result. This is because their breach of state law would also constitute a failure of their duty to prevent children from being injured as much as reasonably possible.
Even if a daycare facility in Orlando does not technically violate the minimum standards regarding unsafe conditions, facility administrators and owners may still bear liability for harm. This would be the case for injuries stemming from a failure to address the unique hazards of a specific setting. For example, this could include a failure to provide additional security in an area with a high crime rate.
The fact that a child was hurt or became ill at daycare does not automatically make facility staff members, managers, or owners liable for damages. For a civil claim over dangerous conditions in an Orlando childcare facility to proceed, the parent filing suit must have substantial evidence proving that the facility was unsafe in a specific way. In addition, these hazardous conditions must be proven to be the product of misconduct by facility administrators and the direct cause of the child’s sustained harm.
This can be complicated to accomplish, especially if it becomes necessary to incorporate evidence such as witness testimony and private security camera footage. Qualified legal counsel could play a vital role in collecting relevant information and building the strongest possible claim for the circumstances.
If you suspect your child became hurt or ill because their daycare was dangerously unsanitary, kept in poor condition, understaffed, or hazardous in any other way, you may be able to seek compensation on their behalf. However, strict time limits apply to cases of this nature. Without professional legal guidance, constructing a comprehensive lawsuit or settlement within those deadlines can be extremely challenging.
Fortunately, the help you may need to address unsafe conditions in Orlando daycares is available from the Umansky Law Firm. Call today to schedule an initial consultation to review the details of your incident.
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