Legal Question in Personal Injury in Georgia

Injury to a child at a daycare

My child suffered a injury at her daycare. She fractured her clavicle. The daycare tells me that she rolled over on her cookie monster doll to cause the injury. But my daughter says that a volunteer fell on her. The daycare did not inform me of the injury. What are my legal rights to sue the daycare to pay for medical bills and pain and suffering?


Asked on 10/09/02, 7:37 pm

2 Answers from Attorneys

Keith Reisman Reisman Law

Re: Injury to a child at a daycare

The general rule of personal injury law is that if another person is at fault due to their negligence and the other person cause injury to you, you may sue him or her for damages arising from the personal injuries. Damages are generally measured by your medical expenses and lost wages caused by the accident and an amount that may be determined by the jury for pain and suffering. Under specialized circumstances other types of damages may be recoverable.

You may be entitled to sue the individual who injured your child and the daycare center. The fact that the person who caused the injury was a volunteer may, depending on the facts, slightly complicate the issues.

Obviously, your child has not suffered a wage loss, but the recover could include all the other elements of damages that are typical in personal injury cases. If it is established that the daycare center engaged in a cover-up, additional damages may be recoverable.

You should know that there are time limits that govern when you can bring a lawsuit. If a government entity runs the daycare center, there are certain additional procedures that must be complied with in order to sue a government entity. Seek legal advice.

This answer, though responsive to the question is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 10/10/02, 8:51 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Injury to a child at a daycare

You certainly may sue the center and the person who caused the injury, if your daughter's version of the story can be verified. This case will involve a lot of investigation of the facts, including statements from everybody, kids included, at the center, the hospital, etc. If you would care to discuss your case, please feel free to give me a call.

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Answered on 10/12/02, 4:47 pm


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