Verdict - Spring 2016 - (Page 24)

> FEATURE STORY An Introduction to Daycare Negl BY KEVIN PATRICK s parents are increasingly working outside of the home, children are spending more time at daycare facilities. Parents entrust these facilities with the care of their vulnerable young sons and daughters but, unfortunately, these facilities too often fall short of their duties and responsibilities. This article focuses on investigating, litigating and ultimately resolving these types of cases. The critical pre-suit component of a potential daycare negligence case is distinguishing between a simple childhood accident and an actionable claim against a daycare facility. PRE-SUIT INVESTIGATION or professional medical attention other than The critical pre-suit component of a potential first aid."5 These reports are available online.6 daycare negligence case is distinguishing However, many of these facilities are derelict in between a simple childhood accident and an this duty.7 An investigation will typically com- 1 actionable claim against a daycare facility. Bright from the Start: Georgia Department of Early Care and Learning's ("DECAL") mission mence within one to three days of the report, and Bright from the Start will issue a written report within 30 to 45 days. and vision, which is rooted in giving exemplary Along with DECAL's investigation, pragmatic care and increasing the access to quality care, issues also need to drive the pre-suit investiga- offers a valuable framework for these cases.2 tion phase of these cases: This agency is tasked with a number of responsibilities, such as the licensing and monitoring VERIFY INSURANCE INFORMATION of all center-based and home-based childcare Georgia does not require daycare facilities facilities across our state in addition to pro- to have insurance. 8 If a daycare facility does viding technical assistance and professional not maintain insurance, then the facility must development to early childhood educators. A place a conspicuous sign alerting the families. daycare facility's statutory obligations are set Facilities have been known, however, to neglect forth under O.C.G.A. § 591-1-1 et seq. These posting this signage. A candid conversation regulations encompass a wide array of areas continued on page 28 ranging from admission standards and field trips to kitchen operations and parental access.3 Failure to perform a criminal records check for employees and volunteers and improper staff to child ratios can play a critical role in establishing liability against the daycare facility. 4 Daycare facilities have a duty to report "[a]ny serious illness or injury requiring hospitalization 24 Georgia Trial Lawyers Association

Table of Contents for the Digital Edition of Verdict - Spring 2016

President’s Message
GTLA at 60: A Conversation with Tommy Malone
Law Practice and Cloud Computing: Staying Ethical in a Digital World
14 Years in the Making: Justice Delayed, but Not Denied
What is the Plaintiff’s Burden in Proving the Value of Medical Expenses?
An Introduction to Daycare Negligence Cases
Diminished Value Claims: Not Just for Cars Anymore
Seeking Justice for Victims of Child Sexual Abuse
Case Updates: What’s New?
Workers’ Comp: Recent Developments
Civil Justice PAC Contributors
Champion Members
Welcome New GTLA Members!
Notes: What’s New with GTLA Members
Index to Advertisers/

Verdict - Spring 2016