Liability waivers and homeowners insurance for liability

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Liability waivers and homeowners insurance for liability

If I were to watch children for my friends on days where they may need to pick up extra shifts at their job and their child gets hurt at my home, will a liability waiver cover me? I would not be a licensed daycare and does that fall under my liability under my homeowners insurance? The liability waiver would include that I am not a licensed provider, also includes that they give me permission for medical treatment if deemed necessary.

Asked on February 22, 2019 under Insurance Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, a liability waiver will not cover you against the two main sources of potential liability from doing what you describe:
1) Dangerous conditions at your home: all homeowners (or renters--i.e. the person in control of a space) have an obligation to take reasonable steps to mitigate or correct dangerous conditions at the property. If a child is injured due to a protruding nail, a loose step or board or railing, torn carpeting presenting a tripping hazard, etc., you will be liable, since you cannot escape this duty.
2) Negligent supervision: if a child is injured because you failed to watch him/her carefully enough, you will be liable, because you cannot get out of the duty you assumed (voluntarily took on) by agreeing to watch other's children to keep an eye on them and supervise them. So if you leave the room and child A hits child B or pulls an item of furniture or TV down on another child, or if a child turns on the stove and burns him/herself when you are not around, you will be liable.


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