Liable for visiting child?

UPDATED: Oct 1, 2022

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Liable for visiting child?

If my cleaning lady brings her 4 year old child to my house when she cleans after I have asked her not to, am I liable if he gets injured in anyway?

Asked on August 9, 2018 under Personal Injury, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would be liable if the injury was due to some dangerous or unsafe condition at the home (a loose stair railing; a carpet with a hole or tear in it that could snag someone's foot and cause them to fall; an unsafe electrical outlet, or a hot water heater that is at the wrong setting and scalds people if they use the hot water without being careful; etc.). The law makes us responsible even for people who should not be in our homes if they are injured by inherently unsafe conditions, to force people to correct such conditions. So you could be exposed to liability; and, of course, the child might damage your property (e.g. knock over a lamp or TV) or take something from you (e.g. take some jewlery or other small item or money that is laying around). If the cleaning lady will take her young child to your home against your  wishes, you should terminate her and find a new cleaning lady.

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 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.

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