Gathering the Necessary Evidence to Prove Liability

To begin the process of filing a claim for daycare abuse or neglect (such as failing to monitor a child or overmedicating the child), you will need evidence that proves two things.

  • The abuse or neglect occurred at the daycare while your child was enrolled and under supervision of a staff member.
  • Your child suffered serious physical or mental trauma due to the abuse that could have been prevented with due care.

The evidence for these matters can come in many forms. You can start by gathering the basic details such as the name of the supervisor at the daycare at the time the abuse occurred and the name(s) of the staff member(s) in charge of monitoring your child. Keep detailed notes about dates and times when you noticed injuries or instances in which your child complained.

If your child is old enough, she may be able to provide her own testimony about what happened to her at daycare. In many cases, facilities will have video surveillance set up to capture potential incidents. This footage may prove abusive or negligent behavior.

Testimony can be gathered from other staff members, parents, or children who bore witness to the abusive acts. Also, a doctor's examination of your child's injuries may help prove that the injuries came from intentional abuse and not typical childhood roughhousing or injuries.

If a daycare has prior complaints or records of failed or poor inspections, these documents could highlight past misconduct that the facility may not have corrected. In the case of a single abusive staff member, his or her employment record and background check may be called into question during an investigation for your daycare neglect liability claim.

To gather this evidence, work with an attorney, as daycare centers are unlikely to give parents access to employee records or surveillance videos.

Let an Attorney Help You Prove Liability

The Law Office of Jason R. Schultz, P.C. is here to help Georgia parents seek justice when a negligent daycare allows abuse or neglect to take place that injures their child. Our attorneys leave no stone unturned when it comes to identifying all daycare personnel liable for the abuse your child suffered. Contact our office today to schedule an appointment for a free consultation regarding your legal options against a negligent and abusive daycare center or daycare worker. Call 404-474-0804.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.