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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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personal injury daycare

Resolved Question:

personal injury daycare
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm very sorry to hear about what happened to your baby!

First of all, such negligence in child care likely violates state laws for day cares. To file a complaint, contact the Georgia Department of Early Care and Learning at: http://www.decal.ga.gov/Bfts/ContactList.aspx

Second, you have the right to file a personal injury negligence lawsuit against the day care. However, these lawsuits do not produce large verdicts unless there is evidence of extreme damages. What I mean by this is that there must be a large medical bill and permanent injuries in order to get a verdict which will be worth much money. The courts do not actually grant awards larger than the actual economic losses you/your baby incurred unless there is evidence of gross negligence. In this case, without any eye witness testimony showing how the cut happened to your baby, you will not likely be able to prove gross negligence.

However, you have incurred economic loss (doctor bills) and the most efficient way of dealing with this would be to first submit the bills to the day care and demand remuneration in the form of a settlement in an amount you feel would reasonably compensate the losses and satisfy the wrong that has occurred. Tell them that if they do not, you will be forced to file suit (and report them to the State if you would rather wait to use this as leverage against the daycare).

If they fail to comply, you could then sue them in small claims court for an amount up to $15,000.00

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN


Customer: replied 1 year ago.

Hello,


 


I already planned to report this to the State on Monday. You are correct that there are no eyewitnesses of what happened to my baby. However 2 teachers admitted to have noticed the injury but none followed protocol. they were supposed to make an incident report and do first aid and inform the Director, so the Director could have called me. The injury I noticed while still on the daycare's property. I went back inside and asked for an explanation.


No one knows what happened all they know is that something happened.


My husband had to stay home and miss work to stay home with the baby.


 


The district manager called me and said they are investigating for the next week. I told them I am not sending my child back to a teacher that has been negligent. They told me they do not have enough staff to reorganize so, basically the teacher is still in that infant room.


This is a large chain daycare named KINDERCARE, I just do not understand why they won't at least put the teacher on non-active while investigating.


They offered to pay for the urgent care bill and to take my child to another kindercare down the street for a couple of day's free of charge.


To me that is no option, because it is too much change for my baby in a short period, besides I want to make sure this won't happen to another child as well. It is not solved by just moving my child to another location.


I would like to know who to contact to start a lawsuit.


 


Thank you for your time.


 

Expert:  Zachary replied 1 year ago.
You are welcome and I understand your concerns and applaud the fact that you want to take action. I agree that it seems strange that they are not going to suspend the employee who allowed the injury to happen in the first place. It also seems strange that they admit that they don't have enough staff in the room to prevent this sort of issue (in fact, I would call that an admission of negligent supervision by Kindercare).

You will want to contact local "plaintiff personal injury attorneys" to speak to about representing you in this type of claim. You can find them by googling, for example: "atlanta personal injury attorneys" and this will bring up a list. I would contact several different attorneys offices and make appointments with a few to see which one you like the best.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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