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Old 12-20-2020, 10:31 AM
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Default COVID Business Liability

We have been worried about the legal ramifications of COVID since this pandemic began, but see little discussion of it. Senate republicans are trying to get business protection laws passed but dems are blocking it. Does anyone have opinions on how exposed we are to litigation in regards to COVID? The state of NH passed a rule last week that all children over two 'have to' wear a mask, it was changed days later to 'should' wear a mask. If it remained 'have to' we would have considered limiting our day care to children under two. Most of our parents have expressed that getting day care children to wear masks effectively in a day care setting is both impossible and silly. We are going to do our best, but a few of our parents are against the idea of children having to wear masks all day.
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Old 12-20-2020, 11:39 AM
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If you are that concerned why hy not have your clients sign a COVID liability waiver? Tom Copeland says that you can not be sued unless the parent can prove you deliberately created the conditions that led to the illness.

https://www.daycare.com/forum/tags.p...ability+waiver

Here is a Liability Waiver: https://www.daycare.com/forum/showthread.php?t=47260

(As always, we suggest you consult a lawyer whenever you use a document from this site )

Last edited by Michael; 12-20-2020 at 01:07 PM.
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Old 12-20-2020, 12:39 PM
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Thanks for the links. We honestly weren't sure what the liability risks were. One less thing to worry about.
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Old 12-20-2020, 06:05 PM
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Just the fact that a parent chooses to put their child and themselves at risk by attending care makes them liable in my opinion.

You are following all the necessary protocols to keep your DCK’s safe and aren’t forcing parents to bring their child.

They are choosing to attend.
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Old 12-21-2020, 01:58 PM
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Parents that put their children in daycare take a risk all of the time not just during a pandemic as we have experienced this year but even before a pandemic. Think of the number of times they've gotten sick either at home or the daycare itself and you've worried they would pass it on to your family or their siblings especially if they have an underlying health condition or if they have a family member or friend with an underlying health condition. Did they also think it was a liability probably not but they've got work... people are going to complain no matter what. Do what you think is best and go from there
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