Serving all of Georgia Including the Dublin, Macon, and Hawkinsville Areas
Trusting a daycare center with your child is never easy. Research and advice from other parents can help ease your worry, but the high turnover rate of these places means constant changes in caretakers or management.
If your child has been harmed due to any type of negligence, the protective instincts of a parent can make it difficult to restrain your anger, especially after leaving your child with someone you paid and trusted to provide safe and attentive care. Nelson & Smith Attorneys at Law understands the anger that comes with knowing your child was harmed by someone you entrusted in his or her care, and our Macon personal injury lawyers can help.
Abuse and Neglect
Daycare centers have a duty of care and legal obligation to provide a safe, clean, and attentively supervised environment for the children in their care. While not every injury necessitates legal action, there are several circumstances that most certainly do. Some examples of abuse or neglect include:
- Direct abuse, resulting in bruises, cuts, broken bones or other injuries inflicted by daycare staff or by other children under the supervision of staff members.
- Dirty environments that result in illness or infection. Daycare centers are legally obligated to regularly maintain all of their facilities, and ensure they are routinely cleaned.
- Willful neglect describes any circumstances in which a child was harmed because the daycare staff responsible for them was not paying attention or disregarding the child’s need for food, water, or general safety.
- Emotional abuse, including but not limited to name-calling, ostracizing a child from others, or forcing a child to behave in certain ways.
Waivers and Release Forms
Daycare centers usually require parents to sign waivers stating the center cannot be held liable for injuries in certain situations or that the parent may not take legal action against them. These waivers will have very little bearing in a court case and are usually intended to deter parents from pursuing legal action in the event that their child is injured.
Daycares may also require parents to sign release forms which allow daycare staff to act in the best interests of the child should the daycare be unable to contact the parents if a child requires immediate medical attention. While this is most certainly in the child’s best interest, these forms typically include indemnity clauses that basically state the daycare cannot be sued if a child is harmed on the premises. If the child was harmed due to any form of provable negligence, these forms have very little chance of holding up as admissible in court.
The steps for proving negligence in a daycare injury case are:
- Establish that the daycare was obligated to protect your child from injury and to provide reasonable care.
- Prove the daycare failed to fulfill this responsibility in some capacity.
- Show the court their failure directly caused your child’s injury.
Once these steps have been taken, a thorough legal expert who knows daycare injury law should help you gather all of the necessary documentation for your child’s injuries and other damages. Your daycare injury attorney in Macon should work to show that this incident was foreseeable and preventable by the daycare.
The legal team of Nelson & Smith Attorneys at Law fully understand how devastating these situations can be, and we will pursue every possible channel to ensure your child’s injuries are fairly compensated. Daycares are responsible for our most valuable possession, and when they fail in that duty, they should be held accountable. Visit the Nelson & Smith website or reach out to us with any questions, and let our compassionate, experienced personal injury attorneys handle your daycare injury case.