Georgia Senate Bill SB428

Georgia 2023-2024 Regular Session

• Introduced: 1/30/24
• Refer: 1/31/24

Caption

Torts; a cap on damages recoverable against foster parents in personal injury actions involving the use of a motor vehicle by a child; provide

Impact

The enactment of SB428 means that foster parents can only be held financially responsible to the extent of their insurance coverage when a foster child is involved in a motor vehicle incident, under the doctrines of family-purpose car and negligent entrustment. This limitation is intended to protect foster parents from potentially exorbitant liability that could arise from accidents involving foster children, provided their insurance complies with standard coverage requirements. The bill will therefore provide a level of security for foster parents while maintaining coverage for victims of such incidents.

Summary

Senate Bill 428 introduces specific limitations on damages that can be claimed against foster parents in personal injury lawsuits related to the use of a motor vehicle by a foster child. This bill aims to provide a cap on recoverable damages, restricting them to the limits of the foster parent's motor vehicle liability insurance. This change is significant in the context of personal injury claims, as it attempts to address the unique circumstances surrounding foster care and transportation issues involving minors.

Contention

One notable point of contention surrounding this bill relates to the potential implications for accountability when accidents occur. Critics may argue that capping damages could limit the recourse available to victims of accidents involving foster children, potentially undermining the severity of responsibility that foster parents should bear. Advocates for the bill, on the other hand, would likely emphasize the need to protect foster families from overwhelming financial liabilities that could discourage individuals from serving as foster parents.

Notable_points

SB428 will take effect for causes of action that arise on or after July 1, 2024, making it necessary for all stakeholders, including foster caregivers and insurance providers, to adapt to these changes in tort law. The bill also repeals any conflicting laws, potentially streamlining the legal framework regarding personal injury claims involving foster children and their caretakers.