Hammers Car Accident & Personal Injury Lawyers | June 10, 2025 | Daycare Injuries
When you leave your child at a daycare, you expect them to be safe, supervised, and protected. A head injury can turn that trust into fear and confusion, especially if you believe the daycare was negligent. In Atlanta, parents can sue a daycare for their child’s head injury if the facility failed to provide a reasonable level of care and that failure directly caused the injury.
Georgia law recognizes that daycares have a legal duty to protect the children in their care. When they fall short of that duty, they can be held responsible.
When Is a Daycare Legally Responsible?
To sue a daycare in Georgia, you must show that the facility was negligent.
That means proving four elements:
- Duty of care: The daycare had a legal responsibility to supervise and protect your child.
- Breach of duty: The daycare failed to meet that standard, either through action or inaction.
- Causation: That failure directly caused your child’s head injury.
- Damages: Your child suffered actual harm, whether physical, emotional, or financial.
A daycare can be liable whether the injury happened indoors, outdoors, on a playground, during nap time, or anywhere else on the property.
Common Causes of Head Injuries in Daycares
Head injuries in children are especially concerning. Even a seemingly minor bump can result in long-term effects.
Some of the most common causes of daycare-related head injuries include:
- Lack of supervision on playground equipment
- Falls from changing tables, high chairs, or furniture
- Slippery floors or cluttered walkways
- Unsafe toys or broken equipment
- Roughhousing being allowed by inattentive staff
- Child-on-child aggression that goes unaddressed
If the injury occurred when staff should have intervened or prevented it, the daycare may be considered negligent.
Licensing and Safety Rules for Georgia Daycares
Daycare centers in Georgia are regulated by Bright from the Start: Georgia Department of Early Care and Learning. Facilities must meet strict requirements related to staffing, equipment, supervision, and safety.
Rules include:
- Maintaining proper staff-to-child ratios
- Providing safe and age-appropriate play areas
- Training staff in basic first aid and CPR
- Removing hazards from sleeping and play spaces
- Documenting and reporting any injuries or safety issues
If a daycare violated these standards, it may strengthen your case. A safety citation or failure to follow state-mandated rules could be strong evidence of negligence.
What To Do After a Daycare Head Injury
If your child suffers a head injury at daycare, act quickly:
- Seek medical attention immediately to document the injury and rule out internal damage.
- Request an incident report from the daycare and ask to see any available surveillance footage.
- Take photos of the injury and any visible hazards on the property.
- Get witness information from staff, parents, or others who were present.
- Consult a personal injury attorney who understands daycare negligence cases in Georgia.
Do not assume the injury was unavoidable. Many daycares are understaffed or ignore known safety risks. A thorough investigation can reveal whether your child’s injury could and should have been prevented.
Can You Still Sue if You Signed a Waiver?
Some Georgia daycares include liability waivers in their enrollment contracts. However, these waivers may not hold up in court. Under Georgia law, childcare providers cannot contract away liability for gross negligence or reckless behavior. If the daycare failed to take reasonable steps to keep your child safe, a waiver will not shield them from a lawsuit.
Always have an attorney review any signed documents before assuming you have no legal options.
Suing a Daycare for a Child’s Head Injury in Atlanta
You have every right to question what happened if your child suffered a head injury at daycare. In Atlanta, you can sue a daycare if its negligence caused harm.
Whether the injury happened because of poor supervision, broken equipment, or a violation of safety rules, Georgia law gives you the right to hold the facility accountable. A successful claim can help cover medical costs, future care needs, and pain and suffering related to your child’s injury.
Contact the Atlanta Personal Injury Lawyers at Hammers Car Accident & Personal Injury Lawyers Today
If your child has been injured in an accident in Atlanta, Georgia, then Hammers Car Accident & Personal Injury Lawyers is ready to help. Contact us today for a free consultation.
For more information, contact the Atlanta personal injury law firm of Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. We have convenient locations in Atlanta, Sandy Springs, Lawrenceville, Mableton, Smyrna, and Roswell.
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.
If your child has been injured in an accident in Atlanta, Georgia, then Hammers Car Accident & Personal Injury Lawyers is ready to help. Contact us today for a free consultation.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, toxic torts, and mass torts involving defective drugs and medical devices.
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.
