Childcare / Daycare Negligence and Injuries
As a parent, your top priority is ensuring the on-going health, safety and happiness of your child. As nice as it would be to be with them around the clock, work and other responsibilities often mean entrusting their care to relative strangers. Laws and regulations regarding daycare facilities in the state of Georgia are enforced by the Georgia Department of Early Care and Learning, which is otherwise known as DECAL. Most facilities and care providers adhere to these regulations. Unfortunately, there are exceptions. If your child has been injured while at a childcare center, the responsible parties need to be held accountable for the sake of all little ones.
The vast majority of kids who attend early childhood centers and other daycare facilities are properly supervised and cared for. However, some are injured despite receiving supposed attentive care. Typical injuries incurred by children at a daycare center include:
- Head injuries
- Traumatic brain injuries
- Burn injuries
- High-chair injuries (such as choking, suffocation, strangulation and/or falling)
- Aspirating
- Drowning
- Electrocution
- Allergic reaction / adverse reactions
- Abduction
- Molestation
- Lacerations
- Impaling / puncture injuries
- Skull fractures
- Eye injuries
- Spinal cord injuries
- Sports injuries
- Broken bones
- Transportation wrecks resulting in injuries / deaths
Even though a childcare provider is, by law, charged with keeping little ones safe and healthy, some fail to adhere to mandatory regulations. This negligence often results in childcare injuries. Some typical causes of childcare injuries include:
- Inadequate supervision
- Negligent hiring
- Failure to properly train employees
- Failure to follow mandated childcare laws
- Failure to properly secure children in high-chairs
- Failure to properly maintain play equipment
- Dangerous driving of child transport vehicles (such as vans and buses)
- Allowing children to harm other children
- Failure to properly secure the premises
- Cruel or excessive punishment
- Inflicting physical abuse with hands or objects
- Depriving children of food or drink
- Unsanitary conditions and practices
- Inadequate communication with parents
- Inappropriate physical contact and/or exposure to pornography or other unsuitable materials
Young children are often unable to adequately express themselves, which often means they are unable to tell their parents about abuse they are suffering from the paid care-takers. A few common signs of childcare problems include:
- Unusual silence when driving to the facility
- Great demonstrations of protest or fear upon the sight or mention of the facility or a person
- Strange or erratic behavior when being picked up or dropped off
- Extreme mood swings
- Changes in potty-training-related behavior
- Recurring or unexplained pain or bruising
- Extreme infantile or adult behavior
DECAL and other authorities enforce various laws and regulations regarding daycare centers and those who have responsibilities involving the care of children. Most notably, they apply the Bright From the Start regulations which enforce welfare, health and safety regulations governing such facilities. A violation of these regulations may form the basis of a negligence per se claim. In addition to vindicating a personal wrong, by bringing a facility’s deviciencies to light, your case could save other children and families future harm and anguish. The proper law firm can investigate the circumstances to determine if your situation warrants legal action. The Dow Firm, P.C. is such a law firm and you can contact us via this quick form or call (912) 264-1919 for a free consultation