Legal Question in Personal Injury in California
I am in the process of completing the entrance paperwork for a Day Care Center for my 3 year old. One document is entitled,"Affidavit Regarding Liability Insurance For Family Child Care Home." The document reads in part,"...has informed me that this facility does not carry liability insurance or a bond in accordance with standards established under the Family Child Care statute."..."Note: The law requires Family Child Care providers to carry liability insurance or bond in the amount of $300,000 annually to maintain this signed statement in the facility file. Lack of a bond or insurance does not effect the right of parents to commence a legal action against the facility." Since this document in contradictory as expressed, I would like legal advice on my situation. The Provider comes highly touted but is it common for Providers in California not to carry liability insurance? Who is responsible if my child is injured on her premises (home based)?
1 Answer from Attorneys
You left out an important word from the disclosure. It actually says "The law requires Family Child Care providers to carry liability insurance or bond in the amount of $300,000 annually OR to maintain this signed statement in the facility file." Day care centers don't have to both carry insurance AND have the signed statement available, so there is no contradiction. This center has chosen not to have insurance.
Whether the center has insurance does not affect its liability if your child is injured there. But if the center had insurance, you would have an easier time collecting any judgment or settlement you might reach. Without insurance, the center might not be able to pay a judgment even if the amount is much less than $300,000.
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