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Injuries at Day Care Facilities

Like many other Florida parents, you or your spouse may not be able to stay home with your children during their younger years. You may not be able to afford losing one parent’s entire income. For many personal and professional reasons, you and your spouse may not be able to put your careers on hold. This means you send your children to day care before they are old enough to attend school. You rightfully expect day care attendants to keep your child safe. Child day care facilities should have staff that properly supervise, feed, clothe, and educate or entertain your son or daughter. Unfortunately, when day care workers fail to uphold their legal requirements in running a day care facility or become negligent or careless in their duties and responsibilities, your child could get injured.

If your child suffered an injury at day care, then you need to speak with a Miami day care accident attorney right away. At Gerson & Schwartz P.A., our lawyers will review the situation, explain your legal rights, and guide you through potential legal options and remedies. Depending on the circumstances that led to your child’s injury you may have a legal claim or may file a personal injury lawsuit for damages against the day care facility and or employee.

Common Day Care Accidents

Your child should be safe at their day care. Unfortunately, due to teachers, supervisors, or staff member’s negligence, your child could be hurt in any number of accidents. Negligence at a daycare facility based on intentional misconduct. It arises whenever one or more employees behaves in a careless or reckless manner.

Common day care accidents our attorneys have experience include legal claims for negligent training or negligent supervision resulting in:

  • Exposure to harmful chemical or other toxic substances, such as cleaning products
  • Ingestion of non-edible substances or objects
  • Improperly secured fixtures, cabinets and other fixtures
  • Rough play by other children
  • Sexual Abuse or Assault
  • Choking
  • Suffocation
  • Exposure to dangerous materials and objects, like sharp scissors
  • Struck by falling objects, such as unsecured books on a tall shelf
  • Slips and fall accidents
  • Trip and fall accidents
  • Falls from a height such as down a stairwell or off a playground
  • Day care accidents due to a dangerous condition of the building or premises
  • Swimming or drowning accidents
  • Wandering away due to improper fencing or open gates
  • Burns
  • Auto or motor vehicle accidents
  • Harm caused by another child

Day car accidents typically can also occur because there are not enough day care workers to keep an eye on all the children or because the day care workers become careless in keeping up with their responsibilities. If your child was seriously injured in one of these accidents or any other day care-related situation in Miami, Dade, Broward or Fort Lauderdale contact a child injury attorney in Miami right away.

Day Care Abuse

Day care injuries are not always the result of negligence. Instead, some child injuries arise from abuse at the hands of a caretaker. If your son or daughter came home with inexplicable injuries or you have noticed personality changes, then these may be signs of physical, sexual, or psychological abuse.

Other signs of day care negligence or physical abuse include:

  • Redness or soreness around the genitals
  • Blood in your child’s diaper
  • Urinary tract infections
  • Odd interest in sexual matters or displaying sexual knowledge beyond your child’s age and maturity
  • Showing anxiety or fear toward dare care or a specific employee
  • Night terrors or nightmares
  • Regressive behavior like thumb sucking and bed wetting

If you believe your child has suffered an injury or some sort of physical abuse at a day care center, call our Miami personal injury law office to speak with a day care injury attorney at Gerson & Schwartz P.A. as soon as possible. Call (305) 371-6000 or toll free at (877) 475-2905. All calls are confidential and are offices are open even on weekends.

Common Day Care Injuries

Day care accidents and abuse can cause a variety of injuries, including but not limited to:

  • Sprained or strained muscles
  • Fractures or Broken bones
  • Head Injuries
  • Contusions
  • Bruising
  • Lacerations
  • Burns
  • Concussions

Whenever your child comes home with more than common and expected day care injuries, like the occasional bite mark or scrape, trust your gut instinct and look further into the incident. If your questions raise more concerns than answers, it may be time to get a lawyer involved. You may have the right to move forward with legal action, if there is evidence that negligence or abuse led to your child’s injuries.

Common Child Day Care Facilities in Miami include:

  • Carousel Day Care Center
  • Sunflowers Preschool Day Care
  • Candy House Day Care
  • Raindrop Child Care Center
  • Tinciti Day Care
  • Second House Daycare and Preschool
  • The Learning Experience
  • Maragaux Early Childhood School
  • Le Pettie Academy of Miami
  • Brickell International Academy
  • Village Montessori
  • The Learning Experience
  • Learn and Play
  • Bottega Child Development Center
  • South Florida After School All Stars Inc.
  • Katie’s Learning Centers
Who is Liable for Child Day Care Injuries?

If your child was hurt while attending day care, it is important to find out as much information as possible. Understanding what happened and why enables you to determine who was responsible at the time of the accident and who may now be liable for compensating your family.

You may be able to hold the day care facility responsible for your child’s injuries if there is evidence that a day care staff member intentionally caused your child harm or was negligent in providing care. If the day care is operated by an individual, then you may have a legal claim against that individual and/or the person who caused your child harm. If your child’s day care is organized as a corporation or limited liability company, then your claim may be against the business and not the specific employee.

Call Our Day Care Injury Lawyers for Advice Today

Our child injury lawyers in Miami will thoroughly review your situation, advise you on your legal options, and when appropriate, guide you through the process of pursuing compensation for your child’s injuries. You may have the right to seek compensatory damages for your child’s medical expenses, a permanent disability or disfigurement, physical pain and pain, suffering, and mental anguish.

To discuss your situation during a free consultation, call our Miami, Florida day care accident attorneys at Gerson & Schwartz P.A. at (305) 371-6000 / (877) 475-2905 or contact us online.

Client Reviews

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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User