Attorney Richard Armond of The Armond Firm, LLC, is licensed to practice law in the State of Georgia. Based in Gwinnett County, he handles serious injury and wrongful death cases throughout metro Atlanta and the State of Georgia. Call him for a free consultation at (678) 661-9585.
All too often we turn on the evening news and hear the tragic story of a young child seriously hurt or killed in an accident or bad act that happened at a daycare. Many other times children are injured at daycares and it never makes the news. When selecting a daycare for your child in Georgia please keep a few things in mind. In Georgia you can research any daycare facility on the Georgia Department of Early Care and Learning's Bright from the Start website (click here) to see that particular facility's inspection history and any violations it has had.
Another very important thing to understand is that neither Georgia law nor the rules and regulations governing daycares require them to carry liability insurance. Most reputable daycares carry significant liability insurance coverage. Every parent should demand to see a certificate of coverage before enrolling a child to ensure that a daycare has liability insurance in an appropriate amount. We all hope that no child suffers a life changing injury, but it does happen and it is a shame that the State of Georgia allows daycares to operate with no coverage at all. Daycares are supposed to have signage indicating their lack of liability insurance coverage, but, again, to be safe parents should ask to see a copy of their daycare's certificate of insurance.
O.C.G.A. § 20-1A-4(9) is the statute in which the Department of Early Care and Learning is granted the power and duty to merely recommend that a daycare licensed by the department carry liability insurance sufficient to protect the children in its care. However, the statute merely requires that any daycare that is given such a recommendation (no legal requirement to carry insurance; the law merely gives the department authority to recommend rather than require insurance) must post a notice of the lack of insurance coverage in a conspicuous place. This means if a daycare does not have liability insurance, it only has to post a notice of the fact if the department has first made the recommendation to get insurance. There have been instances in Georgia where children were injured and the parents had no clue that no insurance coverage was in place because no notice had been posted.
Ga. Comp. R. & Regs. R. 290-2-3-.11(2)(n) is the rule that applies to liability insurance for family child care learning homes, which include daycares operated in a person's own home. Again, liability insurance is not required. The rule requires conspicuous posting of a notice of that fact. Parents also need to demand to see liability insurance coverage before placing their children in a person's in home daycare.
If your child has been injured at a daycare and you would like to speak with an attorney contact Richard Armond at (678) 661-9585 for a free consultation.
The information above is for informational purposes only and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.