Baby Injured At Daycare Center Recovers $5,000
Author: Attorney Daniel Villalobos
Victim’s Parents Leave Her At A Daycare Center
Our client, a 2 year old baby, was dropped off at a daycare center in Hallandale Beach, Florida. This was the first day our client was ever dropped off at this school. The parents left and went to work. About an hour later, the staff called our client’s parents and informed them that the baby had some scratches on her face. The parents, startled and concerned, immediately left their jobs and met at the Daycare Center. They immediately noticed several scratch marks on the baby’s face. The parents asked the staff what had happened but nobody seemed to know what went wrong. They were unaware if the baby scratched herself, if other children scratched the baby, or if she had the scratches prior to being dropped off that morning. Furious and very upset, the parents took our client out of the daycare center and called our firm for help.
Our Firm Files A Claim Under Res Ipsa Loquitor
The parents were unsure whether or not they could file a claim since no one knew how their child was injured in the accident. However our firm explained to her that there is a cause of action in the state of Florida called Res Ipsa Loquitor. In short, this cause of action states that if a person or entity has the exclusive control over something or someone and the property or person becomes damaged or injured, then such person or entity is liable for negligence even if the facts are never known. Our clients were absolutely thrilled that our firm discovered a way to file an injury claim against the daycare center.
Dell and Schaefer Negotiate A Settlement
Fortunately for our client, the scratches on their baby’s face healed without any scarring. After our client’s wounds healed, our firm filed the injury claim against the insurance company for the daycare center. The insurance company for the daycare center was dumbfounded that our firm was able to legally pursue a claim under Res Ipsa Loquitor by only showing that the daycare center had exclusive control over our client. We demanded a settlement since our client suffered from several scratches on her face. After a lengthy negotiation, our firm resolved the case for $5,000. Our clients were absolutely thrilled that a few scratches on their baby’s face could result in a $5,000 settlement!
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