Hammers Car Accident & Personal Injury Lawyers | September 23, 2025 | Daycare Injuries
When you drop your child off at daycare, you trust the caregivers to keep your child safe. But what happens if another child hurts your child? This can be a scary and emotional experience for any parent.
You may wonder who is legally responsible and whether you can take legal action. In Georgia, determining liability in these cases depends on many factors. Understanding your legal rights is the first step to protecting your child and holding the right person or organization accountable.
Understanding Daycare Injury Cases
Accidents can happen anywhere children play. Sometimes, children get hurt simply from running around. When an injury happens because another child acted aggressively or a daycare worker failed to stop dangerous behavior, there may be legal issues to consider.
The law looks at whether the daycare followed proper safety measures and whether they were watching the children closely enough. If the daycare was negligent, they could be held responsible.
The Role of the Daycare’s Duty of Care
Daycare centers in Georgia have a legal duty to provide a safe environment for every child. This is called a “duty of care.” It means the daycare must:
- Supervise children at all times
- Prevent harmful behavior like hitting or biting
- Intervene when one child is a danger to another
If a daycare fails to meet this duty and a child is hurt, the daycare may be legally responsible for the injury. For example, if a child was left unsupervised and hit another child with a toy, the daycare could be at fault for not watching closely enough.
Every daycare worker should be trained to handle conflicts between children and to step in quickly when something goes wrong. If they don’t, they may be considered negligent.
When a Child Is the One Who Caused Harm
Sometimes, one child may hurt another without meaning to. This could be part of normal play or a moment of misbehavior. In these situations, it’s rare for the child—or the child’s parents—to be held legally responsible.
That’s because children, especially young ones, don’t fully understand the consequences of their actions. However, if the child has a known history of violent behavior and the daycare failed to take steps to protect others, the daycare could still be liable.
The focus is usually on whether the daycare knew about the risk and failed to act.
Proving Negligence in a Daycare Injury Case
To win a legal claim against a daycare in Georgia, you need to prove that the daycare was negligent. That means showing:
- The daycare had a duty to keep your child safe
- The daycare breached (broke) that duty
- The breach caused your child’s injury
- Your child suffered actual harm as a result
This can be challenging without help. That’s why many parents choose to speak with a personal injury lawyer. An experienced attorney can gather evidence like security footage, witness statements, and daycare policies to support your case.
Negligence cases often depend on the details. A lawyer can also help you understand whether your child’s injury was a true accident or something that could have been prevented.
Your Child’s Safety Should Never Be Compromised
When a child gets hurt at daycare, it’s not just about bumps and bruises—it’s about trust. As a parent, you have the right to expect that your child is safe and well cared for. If another child hurts your child and it could have been prevented, the daycare may be legally responsible.
Understanding your rights can help you protect your child and ensure the same thing doesn’t happen to another family. If your child has been injured, don’t wait. Talk to a Georgia personal injury attorney today at Hammers Car Accident & Personal Injury Lawyers to learn more about your legal options.
We serve Fulton County and its surrounding areas:
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312,
Atlanta, GA 30314
Open 24/7
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975,
Sandy Springs, GA 30342
Open 24/7
(678) 990-7024
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A.
Lawrenceville, GA 30046
Open 24/7
(678) 626-5067
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108,
Mableton, GA 30126
Open 24/7
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220,
Smyrna, GA 30080
Open 24/7
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111,
Roswell, GA 30075
Open 24/7
(678) 582-8466
About Robert M. Hammers Jr.
Robert M. Hammers, Jr. is the managing partner at Hammers Car Accident & Personal Injury Lawyers in Atlanta. Committed to justice, he represents individuals harmed by negligence, focusing on personal injury litigation.
With over 50 jury trials and $100 million in verdicts and settlements, Rob is known for his strategic thinking and dedication to achieving the best outcomes for his clients. He serves on the Executive Committee for the Georgia Trial Lawyers Association, the American Association for Justice Board of Governors, and the Plaintiff Leadership Committee in complex multi-district and toxic tort litigations, where he advocates for injured individuals and shapes legal strategies.
Robert is also recognized on Justia for his excellence in personal injury law, further highlighting his reputation and commitment to client advocacy.
