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Receiving a call that your child has sustained an injury at daycare can be a frightening and confusing experience.
As parents of kids who have been in daycare, we’ve been there. You weren’t there to witness the accident, you don’t know the extent of your child’s injuries, and you may not know your rights as a parent. First, take care of your child’s injuries, making sure to keep a copy of his or her medical assessment and bills. Then, call The Dixon Firm, P.C. to speak with a skilled Atlanta daycare injury lawyer. We love to fight for kids injured through no fault of their own.
Who Is Responsible for Daycare Injuries in Atlanta, GA?
When your child suffers an injury at a daycare center in Georgia, it may be difficult to understand who is responsible. There may be several potential defendants. Look first to the staff member who caused the injury or supervised negligently. If an employee caused your child’s injury, directly or indirectly, you can likely sue the daycare facility itself. Next, look at the employer responsible for training the staff. Importantly, we will look at the owner of the property.
Vicarious liability laws make an employer responsible for the actions of its employees while they act within the scope of their employment. If your child’s injury stemmed from a premises liability accident, on the other hand, the property owner may be liable.
Many parents believe that because they signed a liability waiver before sending their child to daycare, they cannot sue the daycare. But Georgia courts regularly strike down these waivers. They simply are not fair. Why should a daycare facility be able to avoid responsibility entirely for an injured child? If that were the case, a facility wouldn’t have to take any steps to avoid injury, since it would face no repercussions. Instead, a liability waiver serves only to dissuade unknowing parents from pursuing justice. If you have any questions regarding a liability waiver, contact an Atlanta personal injury attorney experienced in daycare injury claims.
How to Prove Daycare Negligence
To make a claim against a daycare facility for your child’s injury or wrongful death, you must prove the center’s negligence. It may have been a daycare’s negligent hiring, training, or retention practices. Maybe the daycare didn’t properly supervise your child. Perhaps the daycare staff was incompetent. Or was the playground equipment dangerous or defective? No matter what caused your child’s injuries, you need four elements to bring a claim against a daycare center:
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Duty
Proving the daycare owed your child a duty of care is relatively simple. If you had your child enrolled at the daycare at the time of the accident, the daycare owed your child a standard of care.
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Breach of duty
Proving a breach of duty requires comparing the actions of the daycare facility or staff member to what another would have reasonably done in the same circumstances. If the daycare facility should have reasonably foreseen the accident and taken steps to prevent harm but did not, it breached its duty.
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Causation
You must have evidence that the facility’s breach of duty caused your child’s injuries. For example, proof that unsanitary conditions led to your child’s infection or a hazardous obstacle caused a playground injury.
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Damages
Proof that your child suffered damages because of the act of negligence, such as physical injury or mental anguish.
The Dixon Firm, P.C. | Atlanta Daycare Injury Attorneys
Despite the presence of a liability waiver, you may still sue a daycare facility for your child’s injury if you can prove negligence. If you believe someone else’s carelessness, lack of attention or recklessness caused your child’s daycare injury, come to The Dixon Firm, P.C., for professional legal counsel. Our accomplished legal team can help you pinpoint a defendant and file a claim with the courts. For a free consultation with a qualified Atlanta daycare injury lawyer, call our office at 404-733-1166 or contact us online.
