Am I liable if I rent my house to home-based daycare? Is there a waiver for that?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I liable if I rent my house to home-based daycare? Is there a waiver for that?
I am a homeowner and am renting my home to a home based daycare. Would I be liable to any law suits if God forbid there is a law suit at some point? Is there a waiver I can have the tenants sign, that will exclude me from any liability?
Asked on September 28, 2017 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) You would not be liable for the conduct of the teachers or aides if you do not supervise them, but would be liable if any child (or teacher, aide, parent picking up/droppoing off a child, etc.) were injured due to a dangerous condition in the home, such as worn carpeting presenting a tripping hazard, a protruding nail, a loose or cracked step or loose railing, faulty electrical, too-hot water (i.e. the water temperature not set correctly), etc.
2) You cannot protect yourself from liabilty for dangerous conditions on your property: the law does not let you escape that responsibility.
3) If you were sued on the above basis, your homeowner's insurance would not protect you: homeowner's is only for resididential uses of your home. You'd have to buy commercial insurance to protect you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.