Liable for visiting child?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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