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Can I file a negligence claim for an injury that occurred to my child at day care?
I have a two-year old child who recently broke his left femur while running and falling at the daycare center. Can I bring a negligence claim in Georgia against the childcare provider for my child's injuries?
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Answers
To prove negligence in Georgia, a plaintiff has to show that the daycare center 1) owed him a legal duty; 2) breached that duty; 3) caused him an injury; and 4) that there was a causal connection between the breach and the injury. A childcare provider is under a duty to exercise reasonable care for the child's safety. This is gauged by the standard of the average reasonable parent or the care which a prudent individual would exercise under similar circumstances. A daycare center does not insure a child's safety and is not required to foresee and guard against every possible danger. An injury, without more, does not establish a presumption of negligence. On the other hand, negligence can be inferred where a child being injured in daycare suffers unexplained broken leg or a skull fracture.
Talk to a Personal Injury Lawyer to get legal advice regarding your options for recovering damages.
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Posted by Yara Zakharia on 22 Jun 2010
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