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Babysitting liability

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Bored

Junior Member
What is the name of your state? CA

I have a small babysitting business where I have babysitters on my website for parents to look at. It is basically a referral business. Am I liable for what the babysitter does with the parents I hooked them up with?

Lets say I hooked up some babysitter with some guy that ends up raping the babysitter. Would I be liable in any way?
 


Some Random Guy

Senior Member
You can be sued for anything at any time.

Have your babysitters sign a document stating that you are running a referral service and that they are responsible for meeting the parents and performing any vetting or background checks of them.

If possible, have your parents sign a similar document or make them agree to it on the site before seeeing the babysitters (and make sure your site records the time and date that the parents agreed to it).

Although such documents will not prevent a lawsuit, they can be introduced in your favor.
 

Bored

Junior Member
I made them read a contract and have an oral argreement. If they were under 18, they would have to ask their parents. Would that be good enough?
 

divgradcurl

Senior Member
Bored said:
I made them read a contract and have an oral argreement. If they were under 18, they would have to ask their parents. Would that be good enough?

Would you sell your car to someone based on an oral agreement that they would pay you monthly until the car was paid for?

As they say, oral agreements are worth the paper they are printed on...

Besides, any agreement -- oral or written -- may not be enforceable against a minor anyway, so unless you have a parent's signature, that agreement with the minor is essentially worthless.
 
S

shell007

Guest
Something else to consider here...what if the babysitter does something to the child/children?
 
T

Trucking Mad

Guest
Remember this when starting any business venture. CYA
Cover Your Assets!
 

Bored

Junior Member
HomeGuru said:
and to think babysititng used to be an easy profession to get in in the old days**************

Yea, the reason I initially asked this question was because of what recently happend with the kid being run over by a train because the babysitter didn't pay attention. The person who was suppose to babysit them was at fault too, but only because they didn't tell the parents that she was having someone else babysit them.

This leds to my question, if that person DID have an oral agreement with the parents that her friend would babysit instead, would they still be liable?
 
T

Trucking Mad

Guest
Bored said:
Yea, the reason I initially asked this question was because of what recently happend with the kid being run over by a train because the babysitter didn't pay attention. The person who was suppose to babysit them was at fault too, but only because they didn't tell the parents that she was having someone else babysit them.

This leds to my question, if that person DID have an oral agreement with the parents that her friend would babysit instead, would they still be liable?
A verbal agreement holds no water you have a battle of he said she said. You need to have a written agreement stating everyones part and their liabilty, signed by all parties envolved in the business arrangement. This will CYA. Unfortunately things are not as simple as they use to be and few people remember all the details of conversations, also now days everyone is quick to sue! I hope this answers your question
 

BelizeBreeze

Senior Member
Trucking Mad said:
A verbal agreement holds no water you have a battle of he said she said.
And that is NOT correct.
You need to have a written agreement stating everyones part and their liabilty, signed by all parties envolved in the business arrangement.
Really?
This will CYA. Unfortunately things are not as simple as they use to be and few people remember all the details of conversations, also now days everyone is quick to sue! I hope this answers your question
Execution of the verbal contract dictate it's terms. THe ONLY part of law in which a verbal contract is NOT VALID on it's face is in the sale of Real Estate.

In all other situations, a verbal contract IS enforcable on the facts.
 
T

Trucking Mad

Guest
BelizeBreeze said:
And that is NOT correct.

Really?

Execution of the verbal contract dictate it's terms. THe ONLY part of law in which a verbal contract is NOT VALID on it's face is in the sale of Real Estate.

In all other situations, a verbal contract IS enforcable on the facts.
OK, BB; What you say!
 

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