When parents leave their child at a daycare, they trust the staff to create a safe and nurturing environment. Unfortunately, that trust can be shattered in an instant if a child is injured due to negligence. Whether the injury occurs at a licensed daycare facility or an unlicensed in-home provider, parents in Palm Bay have legal options to seek justice and compensation.
Understanding your rights is the first step toward holding negligent daycare providers accountable. This guide breaks down how Florida law protects children, the types of negligence that can lead to claims, and how an injury lawyer serving Palm Bay can help parents navigate these emotional and complex cases.
Common Causes of Daycare Injuries in Palm Bay
Children can get bumps and bruises through normal play, but when injuries result from poor supervision, unsafe conditions, or policy violations, parents have a right to be concerned — and to act. Some of the most common causes of injury include:
- Lack of supervision, especially during outdoor play or transitions
- Unsafe playground equipment or improperly maintained toys
- Inadequate staff training in emergency response
- Hazardous conditions, such as wet floors, exposed electrical outlets, or unlocked cabinets
- Abuse or neglect by staff members
- Failure to screen employees properly for criminal backgrounds
Palm Bay daycares are required to follow Florida’s strict childcare licensing rules, but violations do happen—especially in smaller, unlicensed settings. When a facility’s carelessness leads to a child’s injury, it may be liable under Florida’s premises liability and negligence laws.
When Is Daycare Legally Liable?
To establish legal liability, parents must show that the daycare owed a duty of care, that duty was breached, and the breach caused the child’s injury. In most cases, licensed daycares clearly have a duty to provide safe supervision, secure facilities, and well-trained staff. Failure to meet these standards, whether through understaffing, ignoring safety procedures, or hiring unqualified caregivers — can be considered negligence.
Florida law also holds facilities to a higher duty of care when it comes to children. The courts recognize that kids are especially vulnerable and rely entirely on adults for their safety. This enhanced responsibility means daycares can’t simply argue that “accidents happen.”
What to Do Immediately After a Daycare Injury
When a parent suspects or learns their child was injured at daycare, immediate action is key — not just for the child’s health, but also for any potential legal claim. Here are the first steps to take:
- Seek medical treatment. Even if the injury seems minor, get your child evaluated by a doctor. Medical records serve as evidence and can uncover less obvious trauma.
- Document everything. Take photos of your child’s injuries, the facility where it happened (if allowed), and any hazards you observe.
- Request an incident report. Ask the daycare provider for a written account of what happened and who was supervising at the time.
- Talk to witnesses. Other parents, children, or staff members may have seen the incident or the conditions leading up to it.
- Avoid posting online. It’s best not to post about the incident on social media, as statements can be used against you later.
Once your child is safe, consult a personal injury lawyer serving Palm Bay as soon as possible. They can help determine if you have a strong case and preserve crucial evidence.
Licensed vs. Unlicensed Daycare: Liability Differences
In Florida, daycare providers must meet specific safety and staffing regulations to operate legally. These include staff-to-child ratios, background checks, CPR certifications, and facility inspections. If your child was injured at a licensed daycare that violated these standards, the violation itself can support your negligence claim.
Unlicensed or in-home daycares are not exempt from liability either. While they may not be subject to the same regulations, they are still responsible for providing reasonable care. In many cases, parents are unaware that their child’s caregiver isn’t properly licensed — until an injury occurs.
Filing a Personal Injury Claim on Behalf of a Child
Under Florida law, parents can file a claim on behalf of a minor child. The goal of the claim is to seek compensation for:
- Medical bills (past and future)
- Pain and suffering
- Emotional trauma
- Any disability or long-term care needs
- Loss of enjoyment of life
- Parental loss of income (if time off work was needed)
If the injury is severe or permanent, a court may require the creation of a trust or structured settlement to manage funds for the child’s benefit. In any case, a personal injury attorney can guide families through this process while ensuring the child’s best interests are protected.
Do You Need an Attorney for a Daycare Injury Case?
While it’s possible to file a claim without a lawyer, it is rarely advisable — especially when dealing with a licensed business or insurance company. These cases often require investigation into licensing violations, staff behavior, and surveillance footage.
An experienced attorney can:
- Obtain facility records and inspection reports
- Interview staff under oath
- Identify violations of state childcare laws
- Negotiate with insurance adjusters
- File a lawsuit if necessary to obtain fair compensation
Additionally, daycares and their insurers are often quick to shift blame onto the child or claim the injury was unforeseeable. Having a knowledgeable attorney by your side helps counter these defenses.
Conclusion: Your Child Deserves Justice
No parent expects to pick up their child from daycare and discover they’ve been hurt. When this nightmare becomes reality, it’s important to remember that you’re not powerless. Florida law provides strong protections for children, and a personal injury lawyer serving Palm Bay can help you hold negligent facilities accountable. Whether the injury happened at a licensed center or an in-home daycare, your family may be entitled to compensation — and answers.
To discuss your child’s injury and explore your legal options, contact Frankl Kominsky Injury Lawyers for compassionate and experienced support.
About the Author
This article was prepared by a legal content writer with expertise in Florida personal injury law and child safety advocacy. The author is dedicated to helping families understand their rights when negligence leads to harm. They are not affiliated with Frankl Kominsky Injury Lawyers or any legal firm and focus on providing accurate, objective legal insights.
