Is a publicly funded agency allowed to put negligence in a hold harmless clause for caregiving?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a publicly funded agency allowed to put negligence in a hold harmless clause for caregiving?
Our local commission on aging, is tax payer and donation funded. They provide respite care for the elderly. There have been times the caregivers that have come to sit with my mother for a few hours have totally ignored her IE they are texting on their cell phones etc. This almost resulted in a fall. They do have you sign a hold harmless clause every 6 months and the word ‘negligence’ is included in that clause. My question is, if the caregiver is negligent in providing care and my mother is injured, would that clause be null and void, or would it keep me from pursuing legal action against the caregiver whether it be criminal or civil? Since it is a taxpayer funded organization are they even allowed to put negligence in that agreement. Negligence is a criminal act from my understanding, so by signing am I giving them free reign to do what they want without any concern for my mothers safety?
Asked on October 11, 2017 under Personal Injury, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First, negligence is not a crime except in a very few, specific and limited cases (e.g. negligent homicide).
Second, government or publically funded agencies can try to limit their liability. While you are--completely understandably and naturally--focusing on your mother's needs, a publically funded, etc. agency has a broader mission and constituency than any one person, and limiting liability can reduce its costs and risks, and therefore help it fulfill its mission. (E.g. it can't keep providing respite care if sued out of existence, or their insurance cost is too high.)
Third, no one can protect themselves from liability from intentional or deliberate bad acts or from gross negligence/recklessness (exceptional carelessness; carelessness going well beyond normal negligence or carelessly), it is legal to protect yourself from ordinary carelessness: your clients, customers, patients, etc. can agree to accept the risk of ordinary negligence and not sue.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.