Posted in Guest Blog
When we drop our children off at daycare, we do so with the belief that they are in safe, trustworthy hands. We assume the facility is properly regulated, staffed, and insured. But what if that last assumption isn’t true?
Shockingly, in Georgia, daycare centers are not required by law to carry liability insurance.
This little-known legal loophole is leaving families devastated—emotionally, physically, and financially—when tragedy strikes.
A Real Conversation, A Real Problem
In a recent conversation on our “Justice Girls: Just Us Girls – Discussing Law and Life” podcast, I, Lashonda Council Rogers, spoke with Melanie McKnight about a heartbreaking case involving a child who suffered severe, permanent injuries at a daycare center. After conducting a full investigation and signing the case, we had to deliver the unthinkable news to the family:
There’s likely no recovery available—not because the injury wasn’t serious, but because the daycare didn’t carry liability insurance.
How Is This Even Legal?
Under Georgia law, daycare centers:
- Are not required to carry liability insurance.
- Are only required to inform parents if they choose not to have insurance—typically by:
- Including a line in the middle of a long packet of enrollment forms.
- Posting a vague notice somewhere within the daycare facility.
That’s it. No bold warnings. No standardized, noticeable signage. Just a check box on a form and a buried acknowledgment.
Meanwhile, most parents, understandably, assume that something as basic and essential as liability insurance would be mandatory in a childcare setting.
Why Doesn’t The Law Require It?
The rationale behind this policy is that requiring liability insurance could drive up costs and force smaller daycare centers to close, reducing childcare availability. But that argument leaves families with a terrible trade-off:
Affordable care—at the risk of being completely unprotected if something goes horribly wrong.
What Does This Mean For Parents?
Here’s the harsh reality: if a daycare facility opts out of liability insurance and your child is injured there, your ability to recover damages or cover medical costs may be nonexistent.
You can technically file a lawsuit against the daycare center—but if they have no insurance and limited assets, there’s a high chance that:
- There will be no payout.
- The facility will simply shut down or file bankruptcy.
- You’re left paying the bills on your own.
What Can You Do As A Parent?
Here’s how you can protect your family:
✅ Ask Directly About Insurance Coverage
Before enrolling your child in any daycare:
- Ask specifically whether they carry liability insurance.
- Request proof or a certificate of insurance.
- Don’t rely on fine print buried in enrollment paperwork.
✅ Inspect The Facility’s Notices
By law, daycares without insurance must post that information in the building. Look around carefully during your visit.
✅ Consult An Attorney Before Signing
If you’re unsure what your daycare agreement says or want help reviewing the documents, speak with a personal injury attorney familiar with Georgia daycare laws.
Parents Deserve Better
It’s painful to tell a parent that there’s nothing we can do after their child is seriously harmed—simply because a daycare wasn’t required to carry insurance. We believe Georgia parents deserve transparency, protection, and peace of mind.
At Council & Associates, LLC, we’re fighting to raise awareness about this issue and help families understand their rights. If you or someone you know has a child who was injured at a daycare facility in Georgia, don’t wait—reach out to our Atlanta, GA black personal injury lawyer immediately.