Q: Can I file a claim if my child suffers an injury while under the care of a babysitter or daycare?
A:When a child is injured by a babysitter or daycare provider, parents may immediately wonder if daycare liability laws will require the facility or person to cover costs associated with medical bills. While it may seem like a clear cut answer – depending upon the child injury – the answer is “maybe.”
Proving Duty of Care in Child Injury Claim
If you believe that your child was injured as a result of negligence and you think you have a claim in Carrollton, a personal injury lawyer should review your case to determine if the daycare had a “duty of care” according to Georgia state law. If the daycare had a duty of care, breached the duty and your child was injured as a result of that breach, your lawyer will be more likely to prove that the daycare was negligent.
Proving a Breach of Duty of Care in Daycare Liability Cases
To build a child injury claim, parents should explain the following to their personal injury lawyer:
- Was the child injury a result of insufficient supervision by the daycare workers or babysitter? If so, the daycare may be liable for negligence related to the employees’ actions.
- Could the child injury have been prevented? For example, a child falling from playground equipment could likely have been prevented with proper supervision.
Your claim must also consider “causation” and “proximate cause.” Proving causation is proving that the daycare’s negligence caused the child injury. Proving proximate cause is proving that no unforeseeable intervening events caused the child injury.
Before filing a claim with the daycare facility’s insurance carrier, consult a lawyer to ensure that you fully understand liability laws and that your child’s rights are addressed.
Need Help in Carrollton? Contact a Personal Injury Lawyer
As the victim of a child injury in Georgia, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn’t you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a FREE consultation.