Atlanta Child Daycare Injury Lawyer

Compassionate Child Daycare Injury Lawyers Serving Atlanta, Georgia

Atlanta Child Daycare Injury LawyerWhen your child is injured at daycare, it can unleash a whirlwind of emotions—worry, anger, and frustration. As a parent of four, I know firsthand the constant tug-of-war between trust and fear. We want to believe in the safety of our daycare providers. I still vividly recall the moment I received a call informing me that a child in my daughter’s class had contracted viral meningitis when she was just four months old. The daycare closed for a week to sanitize, and I was left with a flood of panic and “what-ifs.” Few things are more terrifying than knowing your child has been exposed to danger. With over 50 years of experience in handling these cases, we can help you quickly determine whether a case is viable. While accidents can happen, when injuries result from neglecting safety protocols, it may be time to take action. Daycare facilities in Atlanta have a legal obligation to maintain a safe environment. If they fail in this duty, they can be held liable for injuries suffered by children, potentially leading to compensation for the affected families. Our Atlanta child daycare injury lawyer is here to assist in these situations.

One essential step is to review the Bright from the Start (DECAL) reports for the daycare in question. You can find more details about the facility’s history and report violations to the State of Georgia. All serious injuries and fatalities must be reported to Bright from the Start, and you can request specific records to assess their safety track record.

Georgia maintains strict regulations governing daycare operations, whether they are home-based or commercial. All providers must be licensed and undergo thorough training. There are some exceptions, mainly for short-term childcare situations, such as:

  • Parent’s Morning Out or Parent’s Night Out programs that operate for a maximum of four consecutive hours per day, limited to eight hours a week per child.
  • Nursery schools or playschools for children aged 2 to 6 that operate for no more than four hours a day.
  • Day camps for children over five during summer or school breaks, with a daily maximum of 12 hours.
  • Short-term educational or recreational classes where supervision is incidental to participation.
  • Temporary childcare services offered for the convenience of parents.
  • Maximum Class Sizes and Caregiver Ratios in Georgia Daycares

The state imposes strict limits on the number of children in care, especially for non-walking infants. For children under 18 months, the ratio is one caregiver for every six babies, with a maximum of 12 children in the class. As children grow older, the ratios change: one caregiver for every eight children aged 18 months to 2 years, one for every ten children aged 2, and one for every 15 children aged 3.

A tragic case in 2021 involved a home daycare provider who placed a four-month-old infant face down for a nap and failed to check on them for two hours, resulting in charges of murder against her. The daycare was over the permitted limit of infants and displayed a pattern of abusive behavior, raising serious concerns about the safety of the children in her care.

Identifying Negligence at Daycare Facilities

Parents place their trust in daycare centers with the expectation of a safe environment. Unfortunately, many injuries stem from negligence. Some common scenarios where liability may fall on the daycare include:

  • Slips and falls
  • Playground accidents
  • Doors closing on fingers
  • Insufficient supervision
  • Abuse—physical, verbal, or sexual
  • Lack of access to food or water
  • Choking hazards
  • Inadequate fencing or gating
  • Exposure to harmful substances

These examples highlight various ways a daycare could be found negligent.

Determining Liability in Child Care Injuries

To assess whether a daycare is liable for an injury, two key factors are crucial:

  • Cause of the Injury: The circumstances of the injury play a significant role. If a staff member was negligent in supervising your child, the daycare may be liable for their employee’s actions. However, if an employee acted outside their job duties, the daycare might claim they are not responsible.
  • Nature of the Injury: The foreseeability of the injury is also important. Courts will examine whether the conditions leading to the injury were predictable and if a reasonable daycare should have prevented them.

Proving Liability in a Child Daycare Injury Claim

To establish liability against a daycare for a child’s injury, four elements must be demonstrated:

  • The daycare had a duty to exercise reasonable care.
  • The daycare breached that duty.
  • The injury would not have occurred but for the daycare’s actions or inactions.
  • That breach was the direct cause of the child’s injury.
  • If a daycare provider fails in their duty of care, you may be entitled to compensation for your child’s injuries.

What If I’m Uncertain About How My Child Was Injured?

We’ve encountered cases where facilities downplay their negligence with simple explanations like, “She was just running and fell.” Proving negligence can be complex, but some injuries suggest a lack of care. For instance, in the case of PERSINGER et al. v. STEP BY STEP INFANT DEVELOPMENT CENTER, a toddler broke his femur at daycare. Initially, the court dismissed the case due to insufficient proof of negligence. However, expert testimony indicated that the nature of the injury was inconsistent with the daycare’s account, allowing the case to be heard by a jury.

It can be challenging to establish wrongdoing, but families deserve their day in court.

Contact Our Atlanta Child Daycare Injury Lawyer

At Simon Bridgers Spires, our dedicated team is here to support families facing the aftermath of preventable injuries. Schedule a free consultation with one of our skilled Atlanta child daycare injury lawyer today. Call or complete our online contact form.