Day Care and Child Care Safety

By: Tom DeLattre


I recently met the mother of an adorable two-year-old boy.  When I arrived at the mother’s home, the boy was sitting in a car seat, playing with his trucks and seeming like a happy, normal two-year-old.  The only difference was, this two-year-old was strapped into the car seat to keep him from getting up and trying to walk because of a severely fractured left leg sustained at a day care/child care center while under the facility’s supervision.

If your child is, unfortunately, injured at a day care and you are not sure if the day care is legally liable, you should consult with an experienced attorney. The Florida Statutes specifically address daily operations of day cares and clearly outlines the responsibilities of the day care facilities and their staff.  The statutes address licensing standards that each facility must adhere to.  When searching for suitable day care or childcare facilities, be sure to inquire about their licensing and whether the facility has had any problems with licensing in the past.

The licensing standards address numerous areas, including the health, sanitation, safety and adequate physical surroundings for all children in childcare. The Florida Statutes also addresses minimum standards for the employees or staff of the facility to include training requirements.  Additionally, there are statutes in place that specifically address the proper and acceptable staff-to-children ratio.

Each case should be thoroughly investigated in order to determine whether a day care or childcare facility could be held accountable or responsible for your child’s injuries.  However, one must know what to look for in order to make this determination.

There are Florida Administration Codes that specifically make reference to factors such as the physical environment of the day care center, training of the staff, and what records the facility must keep, as well as plenty of day care/child care facilities to choose from.  Be sure to do your due diligence when choosing which facility is best for your child and, most importantly, which one is safest for your child.

This article is not to imply in any way that every time a child is injured at a day care or child care facility that the facility is responsible or negligent.  Sometimes accidents just happen — especially when it comes to children.

If you, a loved one, or a friend have any questions regarding a similar matter, do not hesitate to contact us to speak to an attorney at 407-841-7699.  For additional resources, keep checking our blog, LIKE us on Facebook and follow us on Twitter for more helpful hints and to always be informed about best practices when it comes to the safety of your family.




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