When a child is hurt because an adult failed to act responsibly, the damage cuts deep. It doesn’t just leave physical scars—it changes a family’s future. These cases are painful, complicated, and demand a legal team that’s ready to stand up to anyone—whether that’s a negligent driver, a careless daycare, or a corporation that put a dangerous product on the market.
Georgia Child Injury Attorney
Child injury cases are not routine, and they shouldn’t be treated that way. These cases call for real courtroom skill, careful legal strategy, and a willingness to go the distance. A child’s entire future may be on the line. There’s no room for shortcuts.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: (478) 551-9901
Types of Child Injuries in Georgia
Car Accidents Involving Children — Young passengers, pedestrians, or bicyclists can suffer injuries in motor vehicle crashes. These cases are usually based on negligence under Georgia Code § 51-1-2, which holds people responsible when they fail to use reasonable care. A driver who is speeding through a school zone, texting while driving, or not stopping for a school bus may be legally at fault.
School And Daycare Injuries — Poor supervision, unsafe equipment, or dangerous conditions often lead to incidents in educational and childcare settings. When a teacher, caregiver, or school fails to protect a child, that may be a violation of their legal duty to supervise children. If a public school is involved, there may be added limits on liability because of sovereign immunity, but claims may still be allowed through the Georgia Tort Claims Act.
Defective Products Made For Kids — Items like toys, baby gear, and children’s furniture are expected to be safe for use. If a product is defective—because of a poor design, bad manufacturing, or lack of proper warnings—the maker or seller may be strictly liable under Georgia Code § 51-1-11. That means the injured child or their parent does not need to prove negligence, only that the product was unreasonably dangerous and caused harm.
Medical Malpractice — Healthcare providers are required to meet a professional standard when treating children or delivering babies. When they don’t, and a child is injured as a result, that may be medical malpractice. Georgia Code § 9-3-71 sets the deadline for filing medical malpractice claims, which is generally two years from the injury, though special rules apply for minors. Birth injuries, such as cerebral palsy caused by lack of oxygen during delivery, often lead to long-term care needs and require expert review to determine if malpractice occurred.
Dog Bites And Animal Attacks — Children frequently face risks from animals while outdoors or visiting others. Georgia follows a modified version of the “one bite rule,” which means the owner may be liable under Georgia Code § 51-2-7 if they knew the dog was dangerous or if they were careless in handling the animal. Even if the dog never bit before, a case may still be possible if local leash laws were ignored.
Abuse And Neglect In Care Facilities — Serious harm can occur in settings such as foster homes, group homes, daycares, camps, or private schools. These injuries are serious and may involve physical, emotional, or sexual harm. In Georgia, individuals or organizations that fail to report or prevent abuse may face civil liability. While there is no one statute that covers every situation, many of these cases are brought under general negligence laws and are fact-specific. Mandatory reporting duties are also outlined in Georgia Code § 19-7-5.
Drowning And Near-Drowning Accidents — One of the leading causes of accidental child fatalities in Georgia is drowning. Pools that are not properly fenced or lack safety equipment can pose serious risks. Property owners who fail to take reasonable steps to prevent a child from accessing a dangerous area may be liable under Georgia’s premises liability law, Georgia Code § 51-3-1. Even near-drownings can cause severe brain damage or long-term health issues.
Premises Liability Accidents — Children may suffer injuries due to hazards such as broken stairs, exposed wires, or slippery surfaces on someone else’s property. Georgia law under O.C.G.A. § 51-3-1 says that property owners have to keep their property reasonably safe for people invited there. When it comes to children, courts may also apply the “attractive nuisance” doctrine. That means if there is something on the property that is likely to attract children—like a trampoline or swimming pool—the owner may have a higher duty to prevent injury.
How Serious Injuries Affect Children
Ongoing Medical Care And Rehabilitation — Some child injuries require months or years of medical care. This might include surgeries, physical therapy, occupational therapy, or treatment from pediatric specialists. In severe cases, children may need lifelong care.
Emotional And Psychological Harm — Emotional trauma can deeply affect young victims, especially when injuries stem from abuse, dog attacks, or near-death experiences. Children may experience anxiety, depression, or post-traumatic stress disorder. Georgia law allows compensation for mental and emotional suffering as part of a personal injury claim, even if there is no visible injury.
Disrupted Education And Learning — After a serious injury, a child may miss weeks or months of school. Some develop learning disabilities or need special education services. In other cases, traumatic brain injuries may delay cognitive development or cause memory and attention issues.
Long-Term Disability Or Loss Of Independence — Permanent damage from an injury, such as paralysis, limb loss, or significant brain trauma, can prevent a child from ever achieving full independence. They may need home modifications, daily assistance, or support services. Georgia law recognizes these future needs as part of a personal injury claim.
Impact On Family Life And Finances — The effects of a child’s injury often ripple through the family. Parents may have to leave work or reduce hours to provide care, leading to financial strain and emotional exhaustion. Under Georgia law, parents are allowed to claim the costs of medical care and lost labor or services of the injured child.
Delayed or Interrupted Development — Critical growth stages can be thrown off course by injury. A fractured growth plate might result in deformities or limb length differences, while head trauma may delay speech or alter behavior. These injuries are typically included in long-term damage assessments, with expert testimony often required to explain the full impact on the child’s development.
Limited Social Life And Isolation — Social engagement often suffers when a child is injured. Limitations may prevent them from playing sports, attending school, or joining in with friends, which can lead to isolation and hinder their social development.
Who Can Be Held Responsible for a Child Injury in Georgia
Negligent Drivers — When a child is injured in a car crash, the driver who caused the accident may be held legally responsible under Georgia Code § 51-1-2. This statute defines negligence as the failure to exercise ordinary care to avoid harming others. If the driver was speeding, distracted, driving under the influence, or ignoring traffic laws, they can be sued for damages related to the child’s injury.
Schools, Daycares, And Camps — Teachers, childcare workers, and staff members have a duty to supervise and protect the children in their care. If a school or daycare fails to do this, and a child is injured, they may be held liable. Public schools in Georgia may have limited liability due to sovereign immunity, but some claims are allowed under the Georgia Tort Claims Act.
Product Manufacturers And Sellers — If a child is injured by a dangerous or defective product, such as a toy, crib, or stroller, the manufacturer or seller may be strictly liable under Georgia Code § 51-1-11. Strict liability means the parent does not need to prove the company was careless—only that the product was defective and caused the injury. This law applies to products that are badly designed, poorly made, or sold without proper warnings.
Medical Providers — Doctors, nurses, and hospitals can be sued for medical malpractice if they make a mistake that harms a child. Georgia Code § 9-3-71 sets a two-year deadline to file most malpractice claims, though this time limit may be extended when the injury involves a minor. Common issues include failure to diagnose, surgical errors, or delivery room mistakes that lead to birth injuries.
Property Owners — Children who are injured on someone else’s property may have a claim under Georgia’s premises liability law, found in Georgia Code § 51-3-1. This law says that property owners must keep their premises reasonably safe for people they invite or allow onto the property. If a child is injured because of a hidden danger or unsafe condition, the property owner may be legally responsible.
Government Entities — If a child is hurt due to the actions or negligence of a government employee or agency—such as a public school, public park, or government-run daycare—there may be a claim under the Georgia Tort Claims Act. However, this law limits who can be sued and how much money can be recovered.
Georgia Child Injury Lawsuits
When a child is injured in Georgia, the legal process differs from adult cases due to the child’s vulnerability. A parent or legal guardian usually files the injury claim on the child’s behalf, seeking compensation for medical expenses, pain, and emotional harm.
Georgia law also gives the child a personal right to sue. Under Georgia Code § 9-3-90, the typical two-year deadline (statute of limitations) is paused until the child turns 18, giving them until age 20 to file their own claim.
These cases are often complex. Injuries may affect a child’s development or mental health, and parents may also have separate claims for medical costs or lost services. Skilled attorneys, like those at McArthur Law Firm, can guide families through these sensitive cases to secure fair compensation.
Frequently Asked Questions
How long do parents have to sue for a child’s injury in Georgia?
Two years, but the child’s own right is paused until age 18.
Can a parent bring a lawsuit for their child?
Yes. A parent or legal guardian may file the claim.
Is there a cap on damages in Georgia child injury cases?
No. Georgia law does not cap personal injury damages.
What if the injury happened at school or daycare?
You may still sue if negligence caused the injury.
Can we still sue if the child partly caused the injury?
Yes, children under 13 are generally not considered at fault.
Who approves a child’s injury settlement in Georgia?
A judge must approve large settlements for injured minors.
Can a child get damages for emotional trauma?
Yes. Georgia law allows claims for emotional distress.
What if the injury happened on government property?
You must follow the Georgia Tort Claims Act rules.
Can the parents also get compensation?
Yes. Parents can claim for medical bills and lost services.
Additional Resources
- Georgia Department Of Human Services – Protecting Georgia’s Children: Preventing Unintentional Injuries and Death — This source outlines safety measures for preventing unintentional child injuries and deaths in Georgia. It discusses common risks like suffocation, drowning, fires, and motor vehicle accidents, and shares ways parents and guardians can create safer environments. It also includes recommendations for safe sleep practices, water safety, fire alarms, and car seat use.
- Georgia Bureau Of Investigation – Child Fatality Review Panel Annual Report — This annual report from the Georgia Child Fatality Review Panel includes detailed data on child deaths in Georgia. It covers causes such as sleep-related incidents, homicide, suicide, and motor vehicle crashes. The report also discusses maltreatment, prevention strategies, and racial disparities in child fatality rates across the state.
- CDC – Safety, Health, And Injury Prevention Recommendations — This CDC resource offers guidance for early care and education providers on injury and illness prevention. It includes safety tips on playgrounds, drowning, child passenger safety, and safe medication storage. The page also provides links to training materials and tools for promoting healthy and safe environments for children.
- NIH – Pediatric Injury Overview — This source from the National Institutes of Health explains different types of injuries that affect children and how severe they can be. It covers common causes like car accidents, falls, and drowning, and provides information on treatment and prevention. It also includes research supported by NICHD and offers links to clinical trials and additional reading.
Hire a Child Injury Lawyer in Fulton County, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: (478) 551-9901
