Athens GA Child Daycare Injury Lawyer

Experienced Child Daycare Injury Attorneys in Athens, Georgia

athens ga child daycare injury lawyerWhen your child is injured at daycare, it can bring a storm of emotions—fear, frustration, and deep concern. As a parent myself, I understand the delicate balance between trusting others with your child’s care and the constant worry that something might go wrong. I still remember the unsettling moment when I got a call about a child in my daughter’s daycare class contracting viral meningitis when she was just an infant. The daycare shut down for a week to sanitize, and I was left overwhelmed with anxiety and endless “what-if” scenarios. Few things feel more terrifying than knowing your child has been put at risk. With more than 50 years of experience handling cases like these, we are here to help you determine if you have a case. While some accidents are inevitable, when injuries stem from a daycare’s failure to follow safety protocols, it’s often necessary to take legal action. Daycare centers in Athens, GA, are legally required to maintain a safe environment for children. If they fail in this responsibility, they may be held accountable for any harm caused to a child, potentially leading to compensation for the affected family.

A critical first step is reviewing the Bright from the Start (DECAL) reports for the daycare involved. These reports can provide insight into the daycare’s safety history, including any violations reported to the State of Georgia. All serious injuries and fatalities must be reported to Bright from the Start, and you can request these records to better understand the facility’s safety practices. If your child has been injured, our Athens child daycare injury lawyer is ready to assist you in navigating this challenging time.

Georgia enforces strict guidelines for daycare operations, whether they are home-based or commercial facilities, to ensure the safety and well-being of children. Every daycare provider must be licensed and complete thorough training, with only a few exceptions for short-term childcare programs. These exceptions include:

  • Parent’s Morning Out or Parent’s Night Out programs, which run for a maximum of four consecutive hours per day and no more than eight hours a week per child.
  • Nursery schools or playschools, serving children aged 2 to 6, operating for no more than four hours a day.
  • Day camps for children over five, typically during summer or school breaks, with a maximum of 12 hours a day.
  • Short-term educational or recreational classes, where supervision is secondary to the program’s purpose.
  • Temporary childcare services, offered as a convenience for parents.

Maximum Class Sizes and Caregiver Ratios in Georgia Daycares

Georgia also has strict limits on class sizes and the number of caregivers required, especially for infants. For children under 18 months, there must be one caregiver for every six babies, with a maximum of 12 children in the class. As children get older, the caregiver-to-child ratio adjusts:

  • 1 caregiver for every 8 children aged 18 months to 2 years
  • 1 caregiver for every 10 children aged 2 years
  • 1 caregiver for every 15 children aged 3 years

Unfortunately, even with these regulations in place, tragedies can occur. In 2021, a heartbreaking incident 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. This negligence led to criminal charges after the child tragically passed away. Investigations revealed that the daycare was exceeding its permitted infant capacity and had a history of abusive behavior, raising grave concerns about the safety of the children in its care.

If you have concerns about a daycare’s compliance with Georgia’s regulations or your child’s safety, it’s important to consult with a knowledgeable Athens daycare injury lawyer who can guide you through your options and help ensure the safety and protection of your child.

Recognizing Negligence at Daycare Facilities

When parents entrust their children to a daycare, they expect a safe and nurturing environment. Sadly, not all daycares meet these expectations, and many injuries can result from negligence. Some common situations where a daycare may be held responsible include:

  • Slips and falls
  • Playground injuries
  • Fingers getting caught in closing doors
  • Lack of proper supervision
  • Physical, verbal, or sexual abuse
  • Denying access to food or water
  • Choking hazards
  • Inadequate fencing or gating around play areas
  • Exposure to dangerous substances

These examples show just a few ways a daycare might be found negligent, which can put children at serious risk. If you suspect negligence, it’s important to take action to ensure your child’s safety.

Evaluating Responsibility in Athens GA Child Care Injuries

When determining if a daycare is responsible for an injury, two primary factors must be considered:

  • Origin of the Injury: The specifics surrounding the injury are vital. If a staff member failed to adequately supervise your child, the daycare could be held accountable for that employee’s conduct. Conversely, if the employee was acting beyond their designated responsibilities, the daycare may argue that they are not liable.
  • Characteristics of the Injury: The predictability of the injury is also a key consideration. Courts will investigate whether the circumstances that led to the injury were foreseeable and if a reasonable daycare would have taken steps to avert them.

Establishing Liability in a Child Daycare Injury Case

To prove liability in a daycare injury case involving a child, four key elements must be established:

  1. The daycare had an obligation to provide reasonable care.
  2. The daycare failed to meet that obligation.
  3. The injury would not have happened if not for the daycare’s actions or lack thereof.
  4. This failure directly resulted in the child’s injury.

If a daycare provider neglects their duty of care, you may have the right to seek compensation for your child’s injuries.

What Should I Do If I’m Unsure About How My Child Sustained an Injury?

There are instances where facilities may minimize their responsibility by offering simplistic explanations, such as, “She was just running and fell.” Demonstrating negligence can be intricate, yet certain injuries may indicate a lack of proper care. For example, in the case of PERSINGER et al. v. STEP BY STEP INFANT DEVELOPMENT CENTER, a toddler suffered a femur fracture while at daycare. The court initially dismissed the case due to a lack of evidence proving negligence. However, expert testimony revealed that the injury’s nature contradicted the daycare’s explanation, allowing the jury to consider the case.

While it can be difficult to prove misconduct, families have the right to seek justice in court.

Reach Out to Our Athens GA Child Daycare Injury Lawyer

At Christopher Simon, our committed team is ready to assist families dealing with the consequences of preventable injuries. Schedule a complimentary consultation with one of our experienced Athens GA child daycare injury lawyer today. You can contact us or fill out our online contact form.