Question

Childcare liability

Asked 1 March 2012 · 2 answers

The question

If I visit/help a friend/family member while they are running a non-

licensed, non-insured, In-home daycare facility... Can I be held

liable if something happens to one of the children being cared

for?

From the LawyerCentral forum archive. Originally posted 1 March 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

2 answers

Visitor answer 16 April 2013

I'm not a lawyer by any stretch, but I would recommend you and your family member speak with an attorney in your area. If I'm not mistaken, each state has its own laws concerning child daycare facilities. In some states, for example, I know it's legal to run a non-licensed daycare depending on the number of children you're watching. In others, I would assume unlicensed and uninsured daycare operators could face serious legal trouble.

Perhaps your family member should be more worried about liability than you since they're running a non-licensed, non-insured daycare out of their house. I would think your liability in case of an accident would depend on the capacity in which you're present at your friend's daycare facility. What I mean is, being a visitor who doesn't interact with the kids can be entirely different than being directly involved in their care. Like I said, your liability as a visitor/helper could be affected by the state in which you live.

A lawyer would be the best possible resource for answers, but for now I hope this link about the regulations for uninsured daycares in New Jersey provides a little clarity: (removed)

This link provides state-by-state information on child daycare licensing: (removed)

Visitor answer 12 March 2015

I don't know who would be liable for something like that. I might worry about leaving my child who is uninsured. It might be better to just find a different daycare option, because it can get messy if there are any injuries. (removed)

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