Yes. If your child was hurt at a daycare in Georgia because staff or the program failed to use reasonable care, you may be able to bring a personal injury claim on your child’s behalf. Daycares are expected to supervise children closely, keep their facilities safe and follow Georgia’s child care licensing rules. Not every bump or scrape is someone’s fault, but an injury that proper supervision or safe conditions would have prevented may support a claim.
Georgia law often gives injured children extra time to file, but evidence such as video footage and staff memories can disappear quickly. Your first priorities are your child’s medical care, a written record of what happened and making the right reports.
Key Takeaways
- A daycare may be responsible when poor supervision, unsafe premises, careless hiring or abuse causes a child’s injury.
- Georgia’s Department of Early Care and Learning (DECAL) licenses child care programs and investigates complaints, and child care workers must report suspected abuse under O.C.G.A. § 19-7-5.
- A child’s own injury claim can usually be filed until two years after the child turns 18, but claims against government-run programs can require notice within months.
- A settlement of a child’s claim over $25,000 generally needs court approval under O.C.G.A. § 29-3-3.
Common Causes of Daycare Injuries
Most daycare injuries come back to a few recurring problems:
- Lack of supervision: Falls from climbing equipment, choking during meals, children wandering off, or injuries from other children when no adult is watching.
- Unsafe premises: Broken furniture, uncovered outlets, unsecured shelves or TVs, playground equipment without safe surfacing, unlocked gates or cleaning products within reach.
- Transportation mistakes: Injuries during field trips, drop-off or pickup, including children left in vehicles.
- Food and medication errors: Serving a food the parents said to avoid, or giving the wrong medication or dose.
- Understaffing or careless hiring: Too few caregivers for the number of children, or staff who were not properly screened or trained.
- Abuse or neglect: Rough handling, improper discipline or failure to meet a child’s basic needs.
Who May Be Responsible
The Daycare Program
A business that invites families onto its property must use ordinary care to keep the premises safe under O.C.G.A. § 51-3-1, the same rule behind other premises liability claims. A daycare can also be responsible for the careless acts of its employees on the job, and for its own decisions about staffing, training and hiring.
Others Who May Share Fault
Depending on the facts, a claim may also involve the owner of the building, a transportation company, or the manufacturer of a defective crib, car seat or toy. Identifying every responsible party early matters because each may have separate insurance.
Government-Run Programs
If the program is operated by a city, county or state agency, immunity rules and special notice deadlines may apply. For example, written notice to a city is generally due within six months (O.C.G.A. § 36-33-5), and claims against a county must be presented within 12 months (O.C.G.A. § 36-11-1). These notices can be due long before the lawsuit deadline.
Proving Negligence in a Daycare Injury Case
To succeed in a claim, you generally must show:
- Duty of care: The daycare had a responsibility to keep your child reasonably safe.
- Breach of duty: The daycare failed to meet that standard, for example by leaving children unsupervised or ignoring a known hazard.
- Causation: That failure caused your child’s injury.
- Damages: Your child and family suffered real harm, such as medical bills, pain or lasting effects.
Helpful evidence often includes the daycare’s incident report, staff schedules and child-to-staff ratios, video footage, prior complaints or licensing findings, statements from staff or other parents, and your child’s medical records. A violation of Georgia’s child care licensing rules does not automatically prove a claim, but it can be strong evidence that the program fell short.
Steps to Take After a Daycare Injury
- Get medical care. Have your child examined promptly, even if the injury seems minor, and tell the provider how the daycare said it happened.
- Ask for the incident report. Request a written copy and write down what staff told you, who said it and when.
- Take photos. Photograph the injury over several days and, if you can, the area where it happened.
- Ask the daycare to keep its video. Put your request in writing, since many systems record over footage quickly.
- Make the right reports. Report licensing concerns to DECAL. If you suspect abuse or neglect, contact the Georgia Division of Family and Children Services (DFCS) or law enforcement.
- Be careful what you sign. Enrollment contracts may include waivers or arbitration terms, and an early insurance offer may come with a broad release. Have a lawyer review them first.
Deadlines and Special Rules for Children’s Claims
Under O.C.G.A. § 9-3-90(b), a child who is injured generally has the same two years to file after turning 18, which usually means until the child’s 20th birthday. Medical malpractice claims involving children follow different, shorter rules. Our guide to Georgia personal injury deadlines explains the exceptions.
Parents may also have their own claim for a child’s medical bills, and that claim may not get the same extra time. The safest approach is to plan around two years from the date of injury and to act sooner if a government body is involved.
Resolving a child’s claim has its own rules. Under O.C.G.A. § 29-3-3, a parent can settle a claim of $25,000 or less without court approval. Larger settlements generally must be approved by a court, and a conservator is required when the net amount to the child is more than $25,000.
What Compensation May Be Available
Depending on the injury, a claim may include past and future medical expenses, therapy or counseling, the effect of a lasting injury on your child’s future, and your child’s pain and suffering. Learn more about how Georgia treats pain and suffering damages. For claims arising on or after April 21, 2025, Georgia’s tort reform law (SB 68) may change how medical expenses are proven. In rare cases involving willful misconduct, punitive damages may also be available under O.C.G.A. § 51-12-5.1.
Frequently Asked Questions
Can I Sue a Daycare If I Signed a Waiver?
Possibly. Courts read waivers narrowly, and they generally do not excuse intentional harm. Whether a waiver or arbitration clause affects your child’s claim depends on its exact wording and the facts, so have a lawyer review your enrollment paperwork.
How Long Do I Have to File a Daycare Injury Claim in Georgia?
A child’s own injury claim can usually be filed until two years after the child turns 18. But a parent’s claim, and any claim against a government-run program, may have much shorter deadlines. Acting early also helps preserve video and witness memories.
Should I Report My Child’s Injury to DECAL?
If you believe the daycare broke licensing rules, such as supervision or ratio requirements, you can file a complaint with DECAL. Its investigation and findings can also become useful records. Report suspected abuse to DFCS or law enforcement right away.
Will the Daycare’s Insurance Pay for My Child’s Injury?
Many daycares carry liability insurance, and a claim is usually paid by that insurer rather than the program itself. Adjusters may ask for a recorded statement or offer a quick settlement, so it helps to understand your child’s rights before you respond.
If your child was hurt at a daycare, The Gunn Law Group can help you understand your options in a free, no-obligation consultation. There is no attorney fee unless we recover for you, and hablamos español. Contact us or call 888-BIG-GUNN (888-244-4866).
