Originally Posted by Solandia:
Liability, insurance, being sued, and being at fault for an injury are all very complicated. I know just enough to be dangerous to myself.
I know that at one time (when I had a class about 5-6years ago), that in my state, a parent CANNOT waive a minor's right to sue for an injury. That the parent can sign a waiver, but it is worthless.
Another issue is with the parents' insurance. Even if a parent is not suing, their insurance company WILL sue for something they feel should be covered by your insurance. Please remember that the health insurance company (if the insurance company finds out) will not cover an injury on another person's property, or an automobile accident. The insurance will try to get the other person's insurance to pay out.
Yet another issue is with your own insurance. Your daycare insurance (often, at least mine is this way) will not pay out a claim if YOU are at fault. So, say you have a dog that not allowed per your homeowners insurance. He gets out with the kids, bites a child's hand. Child goes to the ER. Health insurance refuses to pay for an ER visit, becasue the injury happened in someone else's home. Your daycare insurance will not pay, because they find you at fault for allowing the child to interact with the dog. Who is going to pay the bills. Why should the parent pay out of pocket for the provider's negligence?
I can see why the landlord would want a waiver, but it isn't going to give him(or you) the protection you think. In my, un-expert opinion.
I have heard something similar. My bil's friend had a kid get hurt while playing paintball. The owner of the company (bil's friend) was worried he'd be sued even though the parents signed a waiver. I think the owner was told that the waiver disuades parents from suing, but it doesn't actually prevent them from the ability to sue.
I would just look into the daycare insurance for your best interest.