Daycare Injury Lawyer Serving Conyers, GA
When you drop your child off at daycare, you expect the staff to give them the highest level of attention and care. Unfortunately, there’s no guarantee your child will be safe from harm at daycare. If your child suffered injuries due to the actions of a daycare worker, you have rights. You deserve to know the circumstances of the incident and why it happened. Child daycare injuries can be caused either by negligence or intentional actions. Contact a Conyers daycare injury lawyer at MG Law to learn more about your rights and the next steps you can take.
Why Do Daycare Injuries Happen?
Daycare injuries happen for a variety of reasons. When investigating a daycare injury, we look for information about why the injury occurred. Did the childcare provider take reasonable measures to prevent a risk of injuries from happening? If they failed to take steps to keep your child safe, did that failure cause your child’s injury?
Examples of actions that can lead to childcare injuries include:
- Failing to supervise a child on the playground or in a playroom,
- Letting a child fall from a diaper table,
- Failing to give a child proper food and drink,
- Transporting a child without a seatbelt or safety seat,
- Failing to sanitize a diaper table,
- Giving a child medication without knowing a child’s allergies or without parental permission,
- Leaving a child in the transport vehicle after a trip,
- Letting a child sleep in an unsafe position, and
- Leaving a crib open so the child can climb out.
A business entity such as a corporation that operates a childcare center can be held liable for the actions of its employees. The corporation likely has a general liability insurance policy that provides coverage in the event of an injury. Individual childcare providers are less likely to have that level of insurance coverage.
However, it may be more difficult to recover an insurance settlement when your childcare arrangements are more informal. For example, you might have a friend or family member providing daycare services. That means no formal business, no registration, and possibly no insurance. However, most types of childcare providers need to be licensed and registered.
Regulations and licensing requirements will vary based on the appropriate daycare category. Failing to carry a proper license can sometimes be used as proof of wrongdoing.
Most Common Daycare Incidents and Accidents
The legal team at MG Law is no stranger to dealing with child injuries. Some of the most common injuries and accidents that happen at daycare facilities are discussed below.
Accidents Involving Other Children
When children lack supervision, they can cause harm to other children. Hitting, kicking, or biting are common sources of injuries in these types of accidents.
Accidents Involving Daycare Facility Toys or Equipment
Toys with small, broken, or loose parts can result in a child choking or poking themself. Poorly maintained outdoor equipment can result in a child falling and suffering severe injuries.
Food Related Injuries
When a daycare center gives food to children, there are potential risks. Spoiled or contaminated foods can make a child sick. In some cases, the contamination happened before the food reached the daycare center, such as a bacteria outbreak traced back to a farm.
Allergies pose another risk when daycare centers give food to children. A child may have an unknown or undiagnosed food allergy. The daycare might not intend to harm a child, but giving a child particular food could have dire consequences. However, it’s a different situation when a child’s allergy is well-documented, and the daycare center forgets or doesn’t check the child’s listed allergies.
Physical Injuries
If your child comes home with unexplained physical injuries such as bruises, bumps, or cuts, you want to know what happened and who is responsible. Children might be injured while playing, but other times those injuries could be a sign of daycare negligence or abuse.
Legal Options After a Daycare Injury
When you hire a Conyers daycare injury lawyer at MG Law, we will conduct a thorough independent investigation. Part of that investigation includes collecting documentation and evidence. We may uncover evidence that other parents have filed prior complaints with the Georgia Department of Early Care and Learning or the Department of Family and Children Services.
Depending on the situation, you might be able to pursue compensation for your child’s injuries. An experienced lawyer can help determine if the facts and circumstances of your child’s injury might entitle you to compensation.
How to Prove Negligence and Liability
You must prove the daycare center was negligent to receive compensation for your child’s injuries. Some of the most common things daycare facilities are held liable for include:
- Failing to train and supervise childcare workers properly;
- Hiring a caregiver without conducting the necessary background checks;
- Allowing employees to use physical and verbal abuse to discipline children;
- Failing to properly maintain the facility, including playground toys, changing tables, and cribs; and
- Failing to staff the proper number of employees, so that some children are left without any supervision.
No matter the reason, you must prove the four elements of negligence before successfully collecting any compensation. The four elements of negligence are explained below.
Duty
You must show the daycare center owed your child a duty of care. This element is relatively easy to show. If your child was enrolled in daycare services at the time of the injury, then the daycare owes your child a certain standard of care.
Breach of Duty
Proving breach means comparing the daycare employee’s actions with another daycare provider with similar training and experience. The idea is to show how another daycare employee would act if faced with a similar situation. If the daycare person should have foreseen the accident and taken steps to prevent harm, then the daycare center breached its duty of care.
Causation
You need evidence that the daycare center’s breach of duty is what led to your child’s injuries. For example, suppose a daycare center knows its playground equipment is broken and that equipment causes your child to fall and sustain injuries. Evidence showing the center knew the equipment was broken before the accident happened can help you link the center’s breach of duty to your child’s injury.
Damages
The final element is proof that your child suffered damages, such as physical harm and related medical expenses. Doctor bills, prescription receipts, and other types of evidence can help you establish damages.
What Happens If You Signed a Liability Waiver?
Daycare providers will make you think you signed a waiver and therefore have no legal recourse. However, that is not necessarily the case. Signing a waiver doesn’t mean the daycare facility can act in any manner it wants. Georgia courts often strike down these waivers because they are unfair.
Many of these liability waivers contain broad and ambiguous language. The language on a waiver typically says you agree that the daycare center and its employers are not responsible for any harm or injuries your child suffers. It essentially means a daycare provider wouldn’t face any repercussions if they threw your child to the floor.
Obviously, daycare workers shouldn’t have the right to do as they please and purposely injure someone’s child. Daycare workers and facilities have to protect your child. That is why courts often throw the waivers out in whole or in part.
Potential Compensation for a Daycare Injury
Understandably, many parents want to know what type of compensation is available in a daycare injury case. Every case is different, so your compensation might vary compared to another parent’s case. In general, you can seek reimbursement for:
- Your child’s medical expenses, including future treatment costs;
- Your lost wages should you be unable to work while caring for your child;
- Pain and suffering; and
- Mental anguish.
In some cases, it might be possible to seek punitive damages. These damages are only awarded in cases where there’s evidence of malice, fraud, or intentional actions. Your attorney will advise you about whether your case qualifies for punitive damages.
How an Attorney Can Help with Daycare Injuries
Daycare injury cases are rarely straightforward. They often involve complicated legal issues, so it’s crucial to consider working with an experienced lawyer. Daycares often have several staff members working at the same time and might be run by a company or corporation. An experienced attorney can help you identify all negligent parties.
We will conduct a thorough investigation on your behalf. That includes obtaining all documentation and evidence related to your case. Our team will speak to any witnesses who might provide crucial information that helps your case. A Conyers daycare injury lawyer at MG Law can review your case and gather evidence to help you decide the best course of action.
Reporting the incident is also important. The Georgia Department of Early Care and Learning takes daycare abuse and negligence very seriously. If you have not already done so, we can help you report the negligence or abuse.
If the daycare center is unwilling to cooperate or negotiate a fair settlement, we are prepared to file a lawsuit on your behalf. We are not afraid to take your case to trial and stand up to these facilities and their team of lawyers.
Contact a Conyers Daycare Injury Lawyer
We understand your child’s health and safety are of the utmost importance. If your child suffered harm due to the actions of a daycare provider, MG Law is here to help. Our attorneys can help you fight to hold all responsible parties accountable for your child’s injuries. You aren’t alone. Don’t attempt to pursue a claim without experienced legal representation. You could inadvertently jeopardize your case. Instead, speak with a Conyers daycare injury lawyer at MG Law today. Contact us by phone or online to schedule an initial consultation.
