Douglasville Daycare Injury Lawyer
Every day, millions of people across the United States entrust their children to daycare facilities. These facilities are public, private, and even operated in local churches. Of course, as a parent you want what is best for your child, and you choose a daycare facility after careful consideration and investigation. Most of us cannot imagine that our child could be in danger, be it from a dangerous environment or exposure to dangerous people.
Of course, accidents can happen to anyone, anywhere, at anytime. Daycare facilities are no exception. Sometimes accidents involve children and cause injuries, which can be a frustrating and frightening experience for parents. While sometimes these accidents cannot be foreseen or prevented, there are an unfortunate number of daycare injuries that result from negligence.
At The Embry Law Firm, we represent clients whose children have been injured while at a daycare facility. We are dedicated to protecting your family’s legal rights and getting to the bottom of an unfortunate situation. If your daycare injury case involved negligence, we will work hard to get you the compensation you deserve. Our Douglasville daycare injury lawyer can also help you hold those responsible for your child’s injury accountable.
Examples of Daycare Injuries and Their Causes
If your child was injured while at a daycare facility, of course you want to know what happened. At The Embry Law Firm, we will help you investigate your child’s injury and determine what factors contributed to it. Some of the most common examples of daycare injuries and their causes that we have seen in Metro Atlanta include:
- A child falls off a diaper changing table or other structure causing a head injury.
- Inadequate disinfection procedures leading to rashes or infection.
- Children sleeping in adequate cribs or unsafe bedding.
- Failure to provide adequate food and water.
- Administering medication without parental authorization or a list of allergies.
- Transporting children without safety belts or child safety seats.
- Leaving a child unattended in a vehicle after trips.
These examples are terrifying, and are only a sampling of the type of situations that can lead to daycare injuries caused by someone working at the facility. There are also examples related to the facility itself, which should not be discounted. These examples include:
- Daycare facility hiring staff without proper background checks.
- Daycare facility failing to properly train staff.
- Inadequate staffing to meet the needs of all children.
- Staff is allowed to use verbal or physical abuse as a form of “discipline”.
- Failing to maintain the facility, including the building itself, equipment, furniture, toys, and outdoor spaces.
Daycare Injury Liability – Who is Responsible?
If your child was injured while at a daycare facility, determining who is responsible for the injury is an important step in protecting your child – and potentially others. In terms of filing a personal injury claim, there may be more than one responsible party. If the injury was caused by a staff member (intentionally or negligently), then he or she is responsible, but the facility owners or operators may be as well.
With daycare injury claims, it is important to consider all possible parties who could be responsible and investigate each possibility thoroughly. Could it be the owner, supervisor, staff member, driver, or another person coming into the facility? Next, we must establish each party’s level of responsibility and negligence.
What about Liability Waivers?
Many daycare contracts contain a liability waiver where parents agree not to sue the daycare. Even if you signed one of these agreements, you should still talk to a daycare injury lawyer about the possibility of filing a lawsuit against the facility and responsible parties. Liability waivers are often viewed as unfair, and Georgia courts commonly strike them down when children are injured by negligent facilities.
Georgia Laws and Requirements for Daycare Facilities
In Georgia, if you operate a daycare facility, there are certain laws and requirements that you must follow. First, most childcare facilities must be licensed and registered with the state. These facilities are regulated by Bright from the Start: Georgia Department of Early Care and Learning (DECAL).
Currently in Georgia, Bright from the Start regulates:
- 3,100 Family day care facilities
- 3,000 Child learning centers
- 2,000 Informal care providers
- 250 Group care homes
Some daycares that are considered “informal” may not be required to be licensed. Depending on their designation, the regulations required of each home may be different. In general, daycare facilities are required to maintain a safe, healthy, and secure environment.
Understand Your Legal Rights and Options
When your child is injured, your life can quickly be turned upside down. When the injury occurs in a place where you believe that he or she is safe and taken care of, the situation can become overwhelming. That is why you need to contact The Embry Law Firm as soon as a daycare injury occurs. We can help you understand your legal rights and find the best options for your family to get the justice and compensation you deserve.