According to a national report, over 2,000 children suffered maltreatment by daycare providers across the U.S. in 2022. This mistreatment included abuse and neglect that resulted in starvation, fractures, and brain injuries. Brain damage is one of the most serious injuries a child can suffer, causing long-term mental, physical, and emotional effects.
The cause of daycare brain injuries in Atlanta, GA, will determine whether the facility is liable for the costs associated with the child’s medical care. At Hammers Car Accident & Personal Injury Lawyers, our Atlanta child injury lawyers help children and their families pursue claims for injuries suffered in preventable incidents. We have 50 years of combined experience and have recovered tens of millions of dollars.
Contact our law office at (770)-900-9000 to schedule a free consultation.
How Hammers Car Accident & Personal Injury Lawyers Can Help After a Daycare Brain Injury In Atlanta, GA
After your child gets injured in a preventable incident caused by someone else’s negligent or intentional actions, you need strong legal representation.
Our Atlanta brain injury attorneys provide the following services:
- Discussing your child’s injuries and identifying the liable parties
- Gathering evidence to prove liability and losses
- Filing a claim with the at-fault party’s insurer
- Pursuing litigation if the insurer refuses a fair settlement based on your losses
Our attorneys are dedicated to holding negligent parties and insurance companies accountable and fighting for maximum compensation. Members of our legal team have been recognized by Expertise.com, Martindale-Hubbell, and the American Association for Justice.
Contact our law office in Atlanta, Georgia, for a free consultation. Our Atlanta personal injury attorneys can answer your questions and walk you through the legal process.
Causes Of Daycare-Related Brain Injuries
Brain injuries can happen in many ways at daycare centers.
Falls
Falls are a leading cause of both emergency room visits and deaths in young children. Elevated falls happen when a child falls from a height, such as falling down a flight of stairs. Same-elevation falls occur when a child trips or slips and falls to the ground. Children often lack the coordination and reflexes to catch themselves when they fall, resulting in head trauma.
Assault By Caretakers
Child abuse can lead to brain injuries. Shaking, hitting, or dropping a child can cause brain damage.
Playing With Other Children
Other children can injure your child, whether deliberately or carelessly, through acts like:
- Bullying or fighting
- Roughhousing
- Playing contact sports
When one child harms another in a childcare center, the facility might be liable, especially if it did not take action to prevent the incident.
Poisoning
Some poisons can damage the brain. For example, fumes from petroleum products like natural gas, diesel fuel, or gasoline can damage brain cells. Children might also ingest poisons that lead to brain injuries due to oxygen deprivation.
Lack Of Oxygen
Oxygen deprivation causes “anoxic” or “hypoxic” brain injuries. Anoxic brain injuries occur when a child gets no oxygen. For example, drowning accidents cause anoxic brain injuries.
Hypoxic brain injuries occur when a child gets too little oxygen. A child might suffer a hypoxic brain injury if they fall into a small space, like the gap between a mattress and a wall, and can take only shallow breaths.
Liability For Childcare-Related Brain Trauma
Brain injuries have severe consequences. When brain cells die, the body cannot replace them. Thus, anything more serious than a minor concussion might lead to permanent brain damage, coma, or death. Moreover, since the brain controls the body’s movement, autonomic functions, and senses, any injury to it can cause physical, mental, and emotional disabilities.
Liability for your child’s injuries may fall on the daycare owner or operator. The following are some legal arguments your injury lawyer might use to show their liability.
Intentional Harm
If a daycare worker has abused your child, you may have a claim for battery. To prove battery, you must present evidence that the worker intentionally made contact with your child.
For example, inadvertently hitting a child as a worker falls from a ladder is not battery. However, throwing a cup at a child is battery, even if the worker did not mean to cause a brain injury.
Negligence and Negligent Supervision
Negligence means the daycare facility failed to exercise reasonable care to protect your child’s safety. Thus, a daycare might be liable if the owner knew there was a gas leak but held sessions anyway.
Daycare facilities can also be liable for failing to supervise employees and other children. For example, suppose that a daycare owner knew that your child was being physically bullied and failed to stop it. The daycare may be liable for your child’s injury.
Premises Liability
Daycares must provide reasonably hazard-free premises. If your child’s brain injury occurred due to an unreasonable hazard, such as a staircase without a gate, the daycare might be liable under premises liability.
Contact Our Atlanta Child Injury Lawyers For A Free Consultation
Your child’s caretaker may be liable for the long-term effects of any injuries your child suffers. Contact Hammers Car Accident & Personal Injury Lawyers for a free consultation with an Atlanta child injury attorney. We can discuss how your child was injured and the compensation you may be entitled to.
