Florida Injury Lawyer Blog

Two recent South Florida daycare negligence cases, one in Palm Beach and another in Miami-Dade County, have sparked debate on how to keep children safe in daycares and prevent wrongful death cases from happening. One preventive measure, advocated by Florida Senator Maria Sachs of Delray Beach, would be to install safety alarms in daycare vans to prevent death from extreme heat. These alarms would alert daycare van drivers to inspect the vehicles when they drop off children. Drivers would have to go to the back of the vehicle to turn off the alarm.

A Palm Beach personal injury lawsuit was filed last August against Katie's Kids Learning Center in Delray Beach for the wrongful death of a 2-year-old who died after being left in a hot van. The facility has since shut down.

For more information on the Miami-Dade daycare wrongful death lawsuit mentioned at the beginning of this blog, please visit our blog entry on that topic.

According to San Francisco State University Department of Geosciences statistics, 513 children in the U.S. have died of hyperthermia (heat stroke) from being left in vehicles since 1998. The study shows that from 1998 through 2010, 51 percent of children who died from heat in vehicles were "forgotten" by their caregiver.

Continue reading "Delray Beach Senator Urges Installation of Safety Alarms in Daycare Vans " »

A Pinellas County, Florida jury recently found the national child day care chain, KinderCare, liable for $3 million dollars in damages after a caregiver broke the leg of a child under their care. According to reports, the caregiver broke the child's leg when he would not remain still while having his diaper changed. The caregiver was fired after the incident, but it was soon revealed that KinderCare had received a number of complaints regarding the caregiver's treatment of children under her supervision from other employees and parents. Witnesses at trial claimed the caregiver improperly handled numerous children including dropping some into their cribs and hitting another with a clipboard.

According to news reports, the jurors felt KinderCare should have responded to the warnings and concerns of employees and parents and taken action against the caregiver. Jurors also felt KinderCare should have installed cameras so that supervisors could monitor the staff's treatment of the children in their care. The caregiver pleaded no contest to felony child abuse charges for breaking the infants leg and was sentenced to one year in jail prior to the trial.

It is a difficult decision for a parent to leave their child in the care of another, but more and more families are finding it necessary for both parents to work to make ends meet. It is always best to make these difficult decisions with as much information as possible regardless of how disturbing it may be. According to the U.S. Department of Health & Human Services Administration for Children and Families' 2007 Child Maltreatment report, approximately 0.5% of child abuse incidents occur in the day care setting. Nationally, there were 3,605 child abuse victims in the day care setting in 2007 with 24 fatalities. Florida day cares accounted for 143 of the incidents of abuse.

ChildCareAware.org provides federally sponsored information regarding child care. Here are some tips on how to make an informed decision regarding child care:

1. Start looking for child care early in order to have enough time to gather information.
2. Call around and utilize resources provided by local child care resource and referral centers including licensing requirements, complaints and violations, and financial assistance programs.
3. Visit the day care center and ask questions regarding the child to adult ratio, group size, caregiver qualifications, turnover, accreditation, and any other questions you feel you need to make your decision.
4. Make an informed choice.
5. Stay involved with your child's care.

Of course, even the best intentions, research, and involvement cannot prevent these terrible instances of child abuse from happening in day care centers at times.  Many times, as in this case, the day care center is responsible for not taking the proper steps to ensure the safety of the children under their care.  If your child has been the victim of abuse by a day care caregiver, an attorney experienced in personal injury lawsuits will help you understand your rights and fight for the compensation your child deserves.

Continue reading "Jury Finds Florida KinderCare Liable for Child's Broken Leg, $3 Million" »