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Entrusting your child to a daycare facility is a major decision that comes with an expectation of safety, nurturing, and professionalism. While most daycare centers in Georgia meet those expectations, accidents and negligence can and do happen. When a child is injured at daycare, it can be traumatic for both the child and the parents. Understanding the types of daycare injuries, how they occur, and the steps to pursue legal action is crucial for families seeking justice and compensation.
Daycare injuries can range from minor scrapes to serious, even life-threatening harm. Some of the most common types of injuries include:
Young children are often unsteady on their feet, and daycares must take special precautions to ensure walking surfaces are safe. Wet floors, uneven rugs, or cluttered hallways can all pose hazards. If the daycare fails to maintain safe premises, they may be held liable.
Improperly maintained playground equipment is a leading cause of injury in daycares. Falls from swings, slides, or jungle gyms can result in broken bones, concussions, or other serious injuries. Inadequate supervision also contributes to these accidents.
Children under five are at high risk of choking. Daycares are expected to follow strict guidelines about food, toys, and objects that may pose a choking hazard. Injuries or death caused by choking due to negligence can form the basis of a wrongful death or personal injury lawsuit.
Unfortunately, cases of physical abuse or inappropriate handling by daycare staff do occur. If a child returns home with unexplained bruises, fearfulness, or sudden behavioral changes, it could be a sign of abuse. Abuse by a staff member is both a criminal and civil matter.
Burns can happen due to improper access to hot beverages, radiators, kitchen equipment, or cleaning chemicals. These injuries can leave permanent scars and lead to painful recovery periods.
Many children have allergies to food, latex, or medications. If a daycare fails to take proper steps to manage known allergies—such as by serving restricted foods or failing to administer an EpiPen during an emergency—they may be held liable for resulting harm.
Poor hygiene, lack of sanitation, or failure to isolate sick children can lead to outbreaks of illness. While not all sicknesses are preventable, gross negligence in maintaining health protocols may be grounds for a lawsuit.
Many injuries at daycare result from children being left unsupervised. This could involve children fighting, ingesting harmful substances, wandering off the property, or using equipment incorrectly. Supervision is a legal duty and failing to provide it can result in injury and liability.
In Georgia, a daycare can be held liable under several legal theories:
To prove negligence, you must show:
The daycare had a duty of care to your child.
That duty was breached (through action or inaction).
The breach directly caused your child’s injury.
You and your child suffered damages (physical, emotional, financial).
Daycares must keep their facilities safe. If a child is injured due to dangerous conditions on the property—like broken stairs or exposed electrical wires—you may have a premises liability claim.
If an employee caused harm to your child and the daycare failed to properly screen, train, or supervise that employee, the facility may be held accountable.
Georgia’s Bright from the Start agency regulates childcare centers. Violations of Georgia daycare laws or licensing requirements (such as staff-to-child ratios or background checks) can strengthen a civil case.
If your child is injured in a Georgia daycare, you have legal rights—but it’s important to act quickly and carefully.
Get your child evaluated by a doctor, even if the injury seems minor. Medical records will serve as important evidence later. Prioritize your child’s health and well-being.
Take photos of the injuries and any visible hazards.
Write down what happened, including time, location, and the names of any witnesses.
Request an incident report from the daycare, if available.
File a complaint with Georgia’s Department of Early Care and Learning (DECAL) or Bright from the Start. They can investigate and possibly cite the facility for violations. Their findings can support your case.
Website: www.decal.ga.gov
An attorney experienced in daycare injury cases, like Kevin Patrick, can help evaluate your claim, gather evidence, communicate with insurers, and file a lawsuit if needed. We offer free consultations and work on a contingency fee basis (you don’t pay unless you win).
Under Georgia law, you generally have two years from the date of the injury to file a personal injury lawsuit (this may differ slightly if the injured party is a minor, as the clock may not start ticking until the child turns 18).
Your lawyer will:
File a complaint in civil court
Present evidence of negligence or abuse
Negotiate with the daycare’s insurance company
Go to trial, if necessary
If your lawsuit is successful, you may be able to recover compensation for:
Medical expenses (past and future)
Pain and suffering
Emotional trauma
Disfigurement or disability
Loss of enjoyment of life
Punitive damages (in cases of gross negligence or abuse)
While no amount of money can undo the trauma of a child being harmed, holding a negligent daycare accountable can bring justice and prevent future harm to others. If your child has suffered an injury while under daycare supervision in Georgia, you don’t have to face it alone. Legal options are available to support your child’s recovery and protect their rights.
If you’re unsure about your next steps, speaking with a Kevin Patrick is the best place to start.
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