Whether it’s a facility, an in-home operation, a co-op, a preschool, or any other type of arrangement, countless parents in Atlanta rely on daycares to ensure their children aren’t just safe, but allowed to flourish during the day while they work.
Daycares are among the most ubiquitous businesses in Georgia, and according to CauseIQ, there are nearly 100 daycare centers in the greater Atlanta metro area alone.
While most daycares take great measures to ensure the children in their care are safe every day of the workweek, the sheer number of facilities, caregivers, and hours of the week that children spend in them means that injuries can and do happen. Unfortunately, those injuries are sometimes caused by negligence on the part of daycare owners, administrators, and caregivers.
In this blog, we’ll explore what to do if your child is injured at their daycare, common causes of injuries, who can be held liable, and more. Keep reading to learn more, and contact our Atlanta daycare injury lawyers for a free consultation if your child was hurt at their daycare.
Steps to Take After a Daycare Injury
When you learn your child has been injured at daycare, your response in the hours and days that follow can make a major difference for both their recovery and any future legal claim.
Here’s what you should to protect your child’s health and your chances of receiving compensation for their injury:
- Seek medical care immediately. Even if the injury seems minor, have your child evaluated by a medical professional. Some injuries like head trauma or internal injuries may initially be asymptomatic.
- Document everything about your child’s injury. Take photos of visible injuries, torn clothing, or unsafe conditions at the daycare if possible. Write down exactly what the daycare staff told you about the incident, including the date, time, and names of those involved.
- Request an incident report. Georgia daycare facilities are required to document injuries. Ask for a copy of the report and review it carefully for inaccuracies or omissions.
- Avoid signing anything too soon. Your daycare provider may ask you to sign forms limiting liability. Be sure to avoid signing anything without speaking to an attorney first.
- Report any serious injuries. Depending on the situation, you may need to file a complaint with the Georgia Department of Human Services or Georgia’s Department of Early Care and Learning.
- Consult an Atlanta daycare injury lawyer. An attorney experienced in these types of cases can investigate the incident, collect and preserve relevant evidence, and advise you on the best path forward.
Symptoms to Watch for While Your Child Is Recovering at Home
Children don’t always communicate pain or discomfort clearly, especially very young children. After a daycare injury, parents should closely monitor their child for any physical, emotional, or behavioral changes.
Common symptoms to watch for while your child is recovering at home after a daycare injury include:
- Persistent crying or irritability
- Changes in sleep patterns
- Loss of appetite
- Limping or difficulty moving
- Bruising or swelling that worsens
- Headaches or sensitivity to light
- Vomiting or nausea
- Unusual fearfulness or regression (bedwetting, clinginess)
You should seek immediate medical attention if your child experiences loss of consciousness, repeated vomiting, seizures, confusion, severe headaches, difficulty breathing, or any sudden change in behavior, as they may indicate a serious traumatic brain injury or orange damage.
What Are Common Types of Daycare Injuries?
Daycare injuries can range from minor cuts and bruises to life-altering traumatic brain and spinal cord injuries. Some of the most common injuries children suffer at daycare include:
- Falls from playground equipment or furniture
- Cuts, bruises, and lacerations
- Broken bones or sprains
- Head injuries and concussions
- Burns from hot surfaces or liquids
- Choking or suffocation incidents
- Bites or scratches from other children
- Injuries caused by unsafe toys or equipment
In more severe cases, daycare negligence can lead to traumatic brain injuries, permanent disabilities, or emotional trauma that affects a child long after the physical injuries heal.
Who Can Be Held Liable for My Child’s Injury?
Liability in daycare injury cases often depends on how the injury occurred and whether negligence was involved. Potentially responsible parties may include:
- The daycare facility or owner, for failing to maintain safe conditions or follow state regulations
- Daycare staff or caregivers, for inadequate supervision or improper handling
- A daycare management company, if policies or staffing decisions contributed to the injury
- Third-party contractors, such as cleaning or maintenance companies
- Manufacturers of defective toys or equipment
Georgia law requires daycare facilities to follow strict safety and staffing standards. When those standards are violated and a child is harmed, the responsible parties may be held accountable.
What if My Child Was Injured by Another Child?
Not all daycare injuries involve direct staff misconduct. Sometimes, a child is hurt by another child through biting, hitting, or rough play. In these cases, the focus often shifts to supervision.
Daycare providers have a legal duty to:
- Adequately supervise children at all times
- Intervene when behavior becomes dangerous
- Separate children with known behavioral issues if necessary
If a daycare failed to supervise properly or ignored warning signs, the facility may still be liable, even if another child caused the injury. In some circumstances, the parents of the child who caused harm may also bear responsibility.
What Compensation Can My Family Seek for My Child’s Injury?
If your child was injured at daycare for any reason, your family may be entitled to financial compensation. Depending on the details of your child’s injury and potential liability, compensation may include:
- Current and future medical expenses
- Hospital stays, surgeries, and medications
- Physical therapy or rehabilitation
- Costs for specialized care or accommodations
- Pain and suffering
- Emotional distress and trauma
- Permanent disability or disfigurement
- Lost wages for parents who miss work to care for their child
An attorney can evaluate the full impact of your child’s injury and pursue compensation that reflects your family’s immediate needs and the long-term consequences of the injury on your child’s life and future.
How Can a Lawyer Help With My Daycare Injury Claim?
Daycare injury claims are legally complex and emotionally challenging. A lawyer can take on the legal burden so your family can focus on healing.
An experienced Atlanta daycare injury lawyer can:
- Investigate what happened and identify violations of Georgia daycare laws
- Gather medical records, witness statements, and surveillance footage
- Work with medical and child safety experts
- Handle communication with insurance companies
- Negotiate for a fair settlement or take the case to court if necessary
At Prieto, DelCampo, Lopez, & Marigliano LLC, we understand how deeply personal and traumatic these cases often are. Our goal is to seek justice and help protect your child’s future.
Contact Our Atlanta Daycare Injury Lawyers
If your child was injured at a daycare facility in Atlanta or anywhere in Georgia, you don’t have to face this situation alone. The legal team at Prieto, DelCampo, Lopez, & Marigliano LLC is committed to holding negligent daycare providers accountable and fighting for the compensation your family deserves.
We offer compassionate guidance, thorough investigations, and aggressive representation every step of the way. Contact our Atlanta daycare injury lawyers today for a confidential consultation and learn how we can help protect your child and your family’s rights.