What to Do If Your Child Was Injured in Daycare

It is painful to leave your child in someone else’s care every day, but at least you can anticipate a joyful reunion at the end of the workday. But what happens when you return to find your child bruised and bandaged? What if you’ve been told to meet your child at the hospital? Or what if your child is in pain and the daycare staff offers no explanation? What should a parent in Georgia do if their child is injured while in daycare?

Unfortunately, we know from experience that it is a situation parents find themselves in far too often. In this guide, we suggest some safety steps, outline your legal rights, and explain how a personal injury attorney can help. When you engage an attorney, your lawyer can provide step-by-step guidance and advocacy to protect your child’s health and your family’s rights.

Step 1: Seek Immediate Medical Attention

The actions you take immediately after you discover the injury can often be the most crucial. To protect your child’s health:

Go to the child’s doctor or the emergency room, even if the injury seems minor
Explain when and where the injuries occurred
Follow the doctor’s instructions regarding treatment or limitation of activities
Return for follow-up as ordered

Receiving a prompt and thorough medical exam allows the doctor to check for signs of injuries that may not be immediately obvious, such as internal bleeding or traumatic brain injury. In addition, the records from the immediate exam provide impartial evidence connecting the injury to time spent in daycare.

Step 2: Document Everything

Whether you will be seeking recovery through a lawsuit, resolving problems through negotiation, or filing a complaint with the Georgia Department of Early Care and Learning, the more evidence you have to support your case, the more likely you are to achieve satisfaction. This can include:

Taking photos of the injuries, including pictures that show what the child was wearing. If possible, get photos of the daycare equipment and other aspects of the facility’s environment.
Keeping a timeline of events. Write down (or record in your phone) the time you were notified of the injury, who you talked to, and what they said. Continue your timeline by explaining your actions (such as visiting the doctor) and your child’s reactions to the symptoms of the injuries
Saving all communications regarding the incident. Screenshots of text messages, emails, medical bills, and other documents related to the injury should be preserved in a secure location.
Requesting a copy of the incident report prepared by the daycare provider
Determining if there is security camera footage of the incident and, if so, taking steps to access and preserve the footage

The daycare provider may not be willing to hand over information, so it can be helpful to have the request come from an attorney who can ensure that the provider understands your legal rights.

Step 3: Report the Incident to State Authorities

Daycare facilities in Decatur are regulated by the state of Georgia and must be appropriately licensed. Incidents that indicate potential safety risks should be reported to the Georgia Department of Early Care and Learning. You can call the Department at 404-656-5957 and ask to speak to the Consultant of the Day. If you are concerned that children are in serious, immediate danger, you should also report the incident to the police for investigation.

An investigation report can provide evidence for civil legal action later. More importantly, however, reporting the problems can help protect other children from similar or worse injuries in the future.

When Are Daycare Facilities Liable for Injuries?

Daycare facilities in Georgia are obligated to provide a safe environment for the children in their care, including appropriate supervision at all times. When an employee of a daycare facility neglects duties, or the facility follows policies that put children at risk, the facility can be held liable for harm resulting from negligence or intentional wrongdoing.

FAQs About Daycare Injuries

When is a Day Care Provider Negligent?

Legal negligence requires an attorney to demonstrate that:

A duty of care was owed to the person who is the subject of the suit
The party that is being sued failed to live up to its obligations to provide proper care
The failure to fulfill obligations caused an injury
The injury is genuine

It can be a considerable legal hurdle to prove each of these four elements, which is why it is crucial to have your attorney start preserving evidence as quickly as possible.

What Are Some Signs That a Daycare Provider May Be Negligent?

Some indications that a facility may be negligent include:

Inadequate ratio of staff to children
Dangerous chemicals or implements left within the reach of children
Broken toys and playground equipment
Falls or fights occurring due to a lack of adequate supervision
Caregivers sleeping or spending excessive time on their phones

If a facility has not taken appropriate steps to secure dangerous items, children in their care could be poisoned, electrocuted, cut, or burned. A fall could occur if a child is left alone when they should be supervised.

When children are not properly supervised, aggressive children can be allowed to harm children who are better behaved.

Can I Still Sue if I Signed a Waiver?

A waiver cannot excuse a daycare facility when they have engaged in practices that are abusive or grossly negligent.

Find Out Whether You Have a Case Against the Daycare Provider for Legal Liability

Sometimes daycare facilities operate responsibly, and children still get hurt. Until the situation is investigated, it is impossible to know whether parents have a legal right of action against a daycare provider even when injuries are severe. At Michael M. Day Law Firm, we offer free case evaluations so parents can find out where they stand legally and what their options are for recovery at no expense or obligation. To find out more about protecting your child’s health and rights after a daycare injury, call us at 404-480-4284 or contact us online today.