When a child is seriously hurt at a daycare, there may be mixed feelings of worry, anger, and frustration. My daughter was enrolled in day care at 4 months as her mom had to go back to work and I remember with crystal clarity getting the phone call that a child in her class had viral meningitis! They closed the school for a week and cleaned everything. There are few things in life so scary as exposing your young child to harm. After 40 plus years of handling these cases, we are able to let you know upfront if a case is viable or not.
We all understand that accidents can happen but when they happen because safety rules are ignored and the injury could have been prevented, it may be time to take action. Atlanta child daycare facilities have a duty of care to provide a safe environment for their young ones. When they fail to do so, a daycare can be found liable for their negligence in causing a child’s injuries and owe compensation to the family of the injured child.
One of the key things to look at is the Bright from the Start reports for the facility. You can find out more information here and violations can be reported to the State of Georgia here. All incidents of serious injury and death are supposed to be reported to Bright from the Start and you can submit a Freedom of Information Open Records request about a particular day care to see what their track record is.
Possible Negligence at Daycare Facilities
Parents pay daycare centers with the reasonable expectation that they will provide a safe environment while caring for their children who can’t do it themselves. When injuries happen, many times it can be traced back to simple neglect. Liability may fall on the daycare for a child’s injuries in the following types of scenarios:
Exposure to chemicals, toxic substances, or sharp objects
These are only a few of the many more instances where a child daycare could be considered negligent in causing injury to a child.
Determining Liability in Child Care Injuries
When evaluating an injury to determine if a daycare facility is liable, there are two main factors to consider:
Cause of the Injury
The cause or how the injury occurred has a large role in determining liability. For example, if an employee was negligent in their supervision of your child, then the daycare center would be liable for the negligence of their employees’ actions. If an employee acting outside the scope of their employment, the daycare facility may have the ability to claim that it was not liable.
Nature of the Injury
Whether or not the injury was foreseeable also is a large factor in liability. The court will look at whether the circumstances surrounding the injury were foreseeable and if a reasonable daycare center should have and could have prevented them. For example, some foreseeable incidents may include falling from playground equipment, unsanitary conditions, or tripping over an object.
Proving Liability in a Child Daycare Injury Claim
In order to hold a daycare center liable for a child’s injury, there are four elements that need to be proven in order to determine liability:
The child care provider had a duty to exercise reasonable care;
The child care provider breached that duty;
If not for the child care provider’s actions (or lack of action), the child’s injury would not have occurred;
And that breach was the sole cause of the child’s injury.
Child care providers are required to provide the duty of reasonable care, when they fail to do so you may be entitled to monetary compensation for damages suffered.
Your Atlanta Child Daycare Injury Lawyer
Our legal team at The Simon Law Firm works closely with families to minimize the stress and strain that a preventable child injury can create. Discuss your case for free today with a skilled Atlanta child daycare injury attorney. Call (404) 259-7635 or fill out our online contact form.