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Daycare Center and Family Home Forum>Liability After Pickup?
mamamanda 06:08 PM 02-25-2016
I had a situation happen that I haven't been able to shake from my mind. This has actually happened twice here, once last summer with another family, and again last week with a current dck. Both times the parent picked up the child and left my home with them, but then the child ran from the parent in the front yard and the parent didn't catch them until they were on the curb entering the street. It is terrifying to me b/c we live on a very busy road. My back yard (where we play) is completely fenced and we have locks on the gate for extra security. I've never had this issue while any of the kids were in my care, only when they're with their parents after pick-up, but I'm just wondering, God forbid one of them should actually get hurt would I still be held liable since its on my property?
And how would you address something like that?
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NillaWafers 08:25 PM 02-25-2016
I would *hope* that as soon as they sign their kid out, it's assumed they're responsible, not you. I wonder if it's worth writing into a contract though.
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permanentvacation 09:08 PM 02-25-2016
You would need to ask your lawyer that question to get an accurate answer.

My thought is that YOU are liable while the child is in your care and the PARENT is liable when the child is in their care.
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NightOwl 12:57 AM 02-26-2016
I agree, it's the parents' liability once they sign out. Which is why those sign out sheets are so very important.
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Second Home 05:47 AM 02-26-2016
I think that you could be sued if a child gets hurt on your property even with the parent present . After all I know people who have sued friends (for medical costs) who were hurt on their property even when invited over and won.

But if the child is hurt in the street which is public property you should not be liable , but a person could still sue . Maybe they won't win but they can make your life miserable.
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Leigh 07:34 AM 02-26-2016
Originally Posted by mamamanda:
I had a situation happen that I haven't been able to shake from my mind. This has actually happened twice here, once last summer with another family, and again last week with a current dck. Both times the parent picked up the child and left my home with them, but then the child ran from the parent in the front yard and the parent didn't catch them until they were on the curb entering the street. It is terrifying to me b/c we live on a very busy road. My back yard (where we play) is completely fenced and we have locks on the gate for extra security. I've never had this issue while any of the kids were in my care, only when they're with their parents after pick-up, but I'm just wondering, God forbid one of them should actually get hurt would I still be held liable since its on my property?
And how would you address something like that?
A child falling on your property may be your responsibility. Once the child enters the street, though, it's no longer your property. I doubt you could be held liable for a child under the control of a parent (theoretically!) who was hit by a car in the street. That said, have a talk with this parent and advise them that they must hold the child's hand all the way to the car.
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Blackcat31 07:44 AM 02-26-2016
I would look up premises liability.

I think you are liable for ANY thing that happens on your property.

I think even when you didn't invite or give permission for that person to be on your property.

http://injury.findlaw.com/accident-i...sponsible.html
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Tags:liability, pick up issues
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