What if my child was not wearing a seatbelt or was improperly restrained in the daycare van?

What if my child was not wearing a seatbelt or was improperly restrained in the daycare van?

Under Georgia’s modified comparative fault rules (O.C.G.A. § 51-12-33), if the failure to restrain your child was the daycare’s responsibility — not the child’s — then the fault lies with the facility. Minors generally cannot be assigned contributory fault for safety restraint failures. Moreover, failure by the daycare to properly restrain children constitutes a violation of Georgia’s child passenger safety law, which is powerful evidence of negligence per se.