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Understanding the Duty of Care in Daycare Facilities Under Georgia Law

When parents entrust their children to a daycare facility, they expect a safe, nurturing environment where their children can thrive. Unfortunately, injuries can and do occur—and sometimes they are the result of negligence. Under Georgia law, daycare providers owe a duty of care to the children in their supervision. When this duty is breached, resulting in harm, parents may have legal recourse.

At Benton & Benton Law, we understand how devastating it can be to learn that your child was hurt while in someone else’s care. Located in Monroe, GA, our firm has successfully secured millions in compensation for families across Georgia in daycare injury and other personal injury cases.

What Is the “Duty of Care”?

In legal terms, “duty of care” refers to a person or entity’s legal obligation to exercise reasonable care to avoid causing harm to others. For daycare facilities in Georgia, this means:

  • Maintaining a clean and hazard-free environment
  • Providing appropriate supervision based on the child’s age and needs
  • Hiring qualified and properly trained staff
  • Following all state licensing and safety regulations
  • Responding appropriately to injuries or emergencies

A failure in any of these areas may constitute negligence. For example, if a daycare center leaves toddlers unsupervised near choking hazards or fails to report or treat an injury in a timely manner, these could be considered breaches of their duty of care.

Georgia Law and Daycare Regulations

Georgia’s Bright from the Start program sets clear standards for childcare providers. These include staff-to-child ratios, facility safety requirements, and staff background checks. When facilities fail to meet these standards, it may not only violate state regulations but also form the basis for a civil lawsuit.

If your child has been injured and you suspect negligence, it’s crucial to understand your rights and options. Our About page provides more insight into our experience and commitment to protecting Georgia families.

Holding Daycare Providers Accountable

To prove negligence in a daycare injury case, you must establish that:

  1. The daycare had a duty of care to your child.
  2. The daycare breached that duty.
  3. The breach directly caused your child’s injury.
  4. You suffered damages as a result (such as medical expenses, emotional distress, etc.).

Gathering evidence—such as incident reports, medical records, and witness statements—can make a critical difference in the outcome of your case. That’s where experienced legal guidance comes in.

Why Choose Benton & Benton Law?

With a reputation for aggressive advocacy and compassionate representation, Benton & Benton Law is dedicated to holding negligent daycare facilities accountable. Our attorneys have helped numerous Georgia families recover substantial compensation for injuries caused by unsafe childcare environments.

We’re based in Monroe, GA, and serve clients throughout the state. If your child has suffered harm due to a daycare provider’s negligence, don’t wait to seek legal help. Contact us today at (866) 974-0330 or bart@bentonandbentonlaw.com. You can also reach out through our Contact page to schedule a free consultation.


Be Smart. Call Bart.
Trust Benton & Benton Law to fight for the justice your family deserves.

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