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How/When Do You Shovel Snow? With A Houseful of Kids?

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  • #16
    Originally posted by Play Care View Post
    I don't live in a city or have sidewalks so no time limits here. And as I said it won't stop someone from suing you, it may prevent any awards as they acknowledged they know I'm unable to clear the sidewalks and driveway while adequately caring for/supervising children. I hate to see people advising publicly that waivers are worthless because again, while they won't stop a law suit they may prevent it from getting anywhere or awards being made.
    Do what you want, but when you lose your property you'll know why. Certain things you can't waive away. Like I knew someone who had a sign about their dog. I forgot the wording, but it basically said keep off of their property because the dog will attack you. Someone went on their property and got attacked. The got a cash settlement and the dog was put down. There's a lot of things you can't waive away. (I know that isn't a waiver, but you get the jist.) A judge isn't going to the same logic you do. The judge (if ruling against you) would say you should have hired a service or close for the day if you're not able to clear the space. You can't, and the parents, waive the rights of a minor. Let's say the waiver prevents and injured parent from suing you for their injuries, they can sue for their child(ren)'s injuries. I'm not trying to argue, but this is really a serious matter.

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    • #17
      Originally posted by Unregistered View Post
      Do what you want, but when you lose your property you'll know why. Certain things you can't waive away. Like I knew someone who had a sign about their dog. I forgot the wording, but it basically said keep off of their property because the dog will attack you. Someone went on their property and got attacked. The got a cash settlement and the dog was put down. There's a lot of things you can't waive away. (I know that isn't a waiver, but you get the jist.) A judge isn't going to the same logic you do. The judge (if ruling against you) would say you should have hired a service or close for the day if you're not able to clear the space. You can't, and the parents, waive the rights of a minor. Let's say the waiver prevents and injured parent from suing you for their injuries, they can sue for their child(ren)'s injuries. I'm not trying to argue, but this is really a serious matter.
      Actually I've received my advice from a lawyer, not the Internet court
      There is a difference between a "beware of dog" sign, which is acknowledging you have a dangerous animal on your property, and a waiver. The sign doesn't allow for consent of the other party. It's simply a warning.
      There's a reason schools, day cares, etc have waivers. They are not as meaningless as some believe. They won't protect you if you are negligent (i.e.: driving drunk with day care kids in the car) but if you are driving day care kids (with parents written permission and waiver) and are hit by a drunk driver, it offers some protection. Parents can't come back and say "but I didn't know!" Or "she didn't have permission!" That's the exact example I was given by a lawyer.
      There are times storms happen during the day care day and I can't safely get out to clear. Legally I can't leave kids inside and be out, so shoveling during nap can't happen. In addition I do contract with a plowing service but he has other clients and isn't always here first. In those cases a waiver would be beneficial. I'm showing that I am making a REASONABLE effort to keep my pathways clear. I do agree that if it's days after a storm (IIRC, it's a 24 hour rule - giving one full day to clear walkways), or I know before opening I can't get cleared I would close because then it would be negligence and the waiver doesn't protect against negligent behavior.
      A real life example would be something that happened last year. Forecast was for rain. However during the day, after the children had arrived, it started sleeting, making my driveway a sheet of ice. I did toss some salt out the door but it was not safe for me or the children to be outside. Roads became treacherous, etc. I notified the parents that my driveway conditions were not safe and that while I had the plow company coming to sand the driveway I did not know when he could safely get here to do it. In addition to those measures I do have parents sign a waiver acknowledging that while I do everything possible to keep the driveway and walkway passable, the safety and supervision of the children in my care is the top priority. And that use of the driveway and walkway *during* a storm is at their own risk. It says some other things that I was advised to put in there also. Again, I am making a *reasonable* effort. Now, if anyone had slipped and fell and broke something, my insurance would have paid out. But if they had sued me, would have they have been able to collect? Again, I'd rather have the waiver in that case, than not.

      I know people are trying to be helpful but saying waivers are meaningless simply isn't true. They are not bullet proof, and require work, but they can be helpful. In any case I would rather go into court with one than without.
      Last edited by Play Care; 12-15-2015, 06:35 AM. Reason: clarification

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      • #18
        Oh, and I want to be very clear about what I am referring to - I am not talking about waiving liabilty if someone is hurt on my property for medical bill. If someone falls and breaks their leg on my property I know I am liable. My liability insurance would cover the costs of their medical bills. I am not referring to that.

        I am specifically speaking of being sued for additional damages. Again, waivers aren't bullet proof and any sign of negligence may make them void. In my example of driving the kids, if, heaven forbid, we were hit by a drunk driver, and a child was injured, it might be my insurance that pays out for medical, etc. (maybe the other drivers insurance) but again, I'm specifically speaking to be sued by parents after the fact. My waiver would show that they acknowledge their child would be riding in my car, and had their persmission to do so. Again, if I was negligent (kids not in car seats, or in inappropriate seats) the waiver wouldn't help me. In any case I would rather have it than not.

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        • #19
          Most winters I clear it before opening, then try to bring the dcks into the driveway with me if there is an accumulation during the day. It's a big hassle but I don't want anyone getting stuck in my driveway or falling on ice. I keep the front walk cleared as well as I can, it only takes a minute.

          BUT it looks like it'll be a brown Christmas and someone told me yesterday January looks like it's going to be in the 30-40's. Up here in ski country...imagine.

          I think out of the 30+ years I've been doing daycare I had 1 dcp who might have shoveled my front walk a couple times. And that includes dcds coming to pick up with plows on the trucks.

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