Is A School or Daycare Liable for Injuries in Georgia?

While childcare centers and schools in Georgia are managed and run by experienced and qualified professionals, they can sometimes act negligently or fail to provide adequate supervision. This can result in injuries and abuse to children under their care. In fact, at least 30,000 children get treated in emergency rooms each year because of injuries sustained at a daycare center or under a babysitter’s care.

Identifying School or Daycare Abuse, Neglect, and Mistreatment

Children don’t always report incidents of mistreatment, neglect, or abuse to their parents. In fact, children mistreated at a daycare center may be too young to tell their parents exactly what happened. Further, daycare centers often choose to keep incidents like these a secret for fear of legal liability.

It can be hard for parents to identify the signs of abuse in their children. News of abuse and mistreatment can be devastating for parents that trusted their child’s care and education to the school or daycare center. If your child was hurt at a preschool, daycare, school, or after-school center, you may be entitled to compensation.

Schools and daycares owe the children in their facility a high duty of care. The daycare center and school can be held liable if it fails in protecting the children and providing this high duty of care. You can hold the institution responsible if your child was injured as a result of failing to provide a high duty of care.

You should note that you can’t hold the school or childcare center liable for every accident. For instance, if your child suffered a fall and broke their bone, you may not be able to hold the daycare center or school responsible if the staff was not negligent. However, if the fall occurred because a teacher negligently left the children unsupervised or failed to mop up a spill, for example, then the institution could be held liable.

Signs of School and Daycare Abuse to Watch Out for

If you suspect your child was physically abused, hurt, or emotionally abused at their school or daycare center, there are certain signs to look out for. You should look for the more obvious signs of abuse in the form of cuts and bruises. You can also look for signs of psychological impact.

The child may fear going to the childcare center or school. There may be unexplainable changes to their personality. They may withdraw or grow more anxious.

You should ask the daycare for possible explanations if you notice these symptoms. Minor injuries, such as falling in the playground or getting a scrape are normal. These usually stem from regular childlike behavior. But if you come across any behavior or signs that don’t make sense, this may be cause for concern.

Don’t forget to keep an eye out for signs of sexual abuse. This can include trouble sitting or walking, stained underwear, bleeding or bruises in the genital area, and repetitive sucking or rocking.

Claiming Damages from a Private vs. Public Educational Institution

If your child gets injured while attending or visiting a public school, you will essentially seek compensation from the government entity. These cases are usually more complex than claims against private institutions. They entail different filing deadlines and additional notifications.

Your case may be less complicated if your child was injured in a private school or daycare center. But either way, you should not delay consulting with a qualified personal injury attorney.

Types of Damages You Can Claim for Your Child

If a child gets injured while on school property, they are usually eligible to seek the same general damages as that of an injured adult. Your personal injury attorney will help you calculate and assess the recoverable damages. This can include the following:

• Medical care
• Pain and suffering
• Permanent or disfiguring injuries

Permanent injuries can impact your child for the rest of their life. This means that costs can be both complicated and significant.

Statute of Limitations

You may have as less as a year from the date of the injury to settle the case or file a personal injury lawsuit if your child was injured in a public institution. The statute of limitations found in O.C.G.A. § 9-3-33 usually applies to claims involving private schools and daycares. You may have up to two years to file a personal injury lawsuit against private institutions.

It is important to note that the filing deadline can fluctuate in the case of minors, so speak with an attorney as soon as possible to discuss the applicable timelines for your specific case.

Contact our Experienced Personal Injury Attorneys to Discuss your School or Daycare Injury Case

If your child was injured at a school or daycare center in Georgia, DuBose Miller is here to help. If it can be shown that your child’s injuries were the result of negligence or worse, our attorneys will work hard to hold the negligent institution and individuals responsible.

Call us at (404) 720-8111 or reach us online for a free consultation and case assessment.