McArthur Law Firm

What Do I Do If My Child Is Injured at Day Care?

iStock_70197173_LARGE-1024x753.jpgWhat would you do if you brought your child home from day care and discovered that he or she was injured? This scenario recently occurred in Atlanta, when a woman arrived at her child's care center to find a golf-ball sized knot on his head. The day care workers claimed that no one knew what had happened. Fearing that something had gone wrong, the mother took her child to the hospital, where X-rays revealed that the child, only one year old, had suffered a skull fracture.

The Georgia Department of Early Learning is investigating the incident. The daycare has a history of violations, with at least 17 citations since 2013. These citations came from a variety of offenses, including failing to check fingerprint records for employees and for putting up fencing that was declared hazardous to children. The day care has since closed, claiming that low attendance, not neglect or negligence, is the reason for the closing.

Parents have an expectation that care workers will provide reasonably for the needs of the children under their watch. This duty of care is extended from day care workers to parents and children, and if this duty of care is breached and the breach leads to an injury, the injured party can file a lawsuit against the party responsible.

If something like this happens to you, it is wise to speak to a personal injury attorney. The day care's insurance company is likely to contact you to determine what happened and to propose a settlement, but you should never sign anything without first allowing an attorney to read over it.

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