Atlanta Child Daycare Injury Lawyer

Common Types of Daycare Injuries

Preventable injuries at daycare range from bumps and bruises to life-changing harm. Below are a few of the common Georgia cases where a child is injured at a nursery or daycare:

Georgia regulates childcare centers. The Georgia Department of Early Care and Learning provides rules and regulations that, when broken, can often provide the basis for proving the daycare or nursery school caused the injury.

Playground and Equipment Injuries

Recess is every kid’s favorite part of the day, and playgrounds can be fun. Playgrounds can also be dangerous when they are poorly maintained or when the children are improperly supervised.

A playground should be in good working order. Common maintenance issues at a playground include: (a) worn surfaces, (b) exposed concrete, rocks, or compacted dirt on the landing, (c) missing handrails or bolts, (d) sharp metal edges or splintered wood, or (e) equipment rated too old for the age group. It is easy to see how any of these items could cause an injury to a daycare kid. A child who falls onto exposed concrete may suffer a fracture or head injury. A toddler on equipment rated for an older child may fall or trip, breaking their arm. Providing a safe playground is essential for a daycare. A good Georgia Daycare Lawyer like us will send an investigator to the scene to determine if the equipment is faulty.

Likewise, poor supervision can also result in an injury to a child. Poor supervision can result from a number of things, including too few teachers, too many children, eyes on a phone, vision being obscured by an object, and improper fencing permitting a child to wander. The law includes a basis for holding negligent daycares responsible. For example, Georgia regulations require a staff-to-child ratio to be met.

Age-inappropriate equipment invites injuries like tibia fractures, dental avulsions, and head trauma. Effective supervision means eyes on the child, phones away, and proactive positioning so a caregiver can intervene before a risky move becomes a serious fall. (Georgia rules require active supervision and minimum staff-to-child ratios.)

Neglect and Supervision Failures

There is nothing more sacred than watching another person’s child. That is why Georgia law requires a daycare to exercise proper care to ensure children are safe. When an employee at a nursery fails to properly supervise a child, disaster can result. A moment of inattention is all it takes for a toddler to access a choking hazard, for example. 

Supervision failures can look like this: (a) one staff member is required to watch groups in two different rooms; (b) a teacher is on their phone during class; (c) a class is left unattended; or (d) too many kids are in a classroom. Negligent supervision in a daycare, like this, is avoidable.

Staff Abuse or Misconduct

Daycare abuse happens. We fight for the victims. There are red flags for parents. If your child has unexplained bruises or marks in a pattern that resembles a hand, these are key signs that something may be wrong. A child may also tell you in other ways, including changes in behavior, like fear of a particular caregiver.

If you suspect abuse, trust your instincts. You should take the following steps:

1. Seek medical attention immediately.
2. Photograph the injuries and anything else you think is relevant.
3. Report the concern to state authorities, including DECAL; and
4. Consult with a good Atlanta daycare injury attorney.

To report child abuse at an early learning center, you can call the Georgia Department of Early Care and Learning (DECAL) at 404-656-5957 or 1-888-442-7735.

Understanding Daycare Negligence

Negligence means the failure to act as a reasonable person would under similar circumstances. For daycare negligence, this means that a daycare and daycare staff must act as a reasonable person would when caring for your child in class.

For a daycare to be negligent, a daycare injury attorney will work to provide three things:

1. Duty: The daycare owed a duty to the child to care for them.
2. Breach: The daycare failed to meet its duty by acting improperly or breaking a rule; and
3. Injury: The daycare’s bad act caused the child to suffer an injury.

The daycare can be negligent by simply failing to rise to the occasion as a reasonable daycare would under the same circumstances. The daycare can also be negligent if it violates a particular rule or regulation established by Georgia or the industry.

State and Local Regulations for Daycare Centers

Daycare centers in Georgia are licensed and regulated by the Georgia Department of Early Care and Learning (DECAL). Before you enroll your kid at a daycare, research the daycare center to see if they have a history of bad acts.

DECAL produces a detailed list of regulations requiring the daycare to meet certain standards. Here are just a few of the standards:

When our daycare injury and accident attorneys investigate a case, we check whether the center was in compliance at the time of injury and whether there’s a history of similar issues.

Frequently Asked Questions

Learn More