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    JohnsPop's Avatar
    JohnsPop Posts: 99, Reputation: 2
    Junior Member
     
    #1

    Jun 19, 2018, 08:12 PM
    Liability for volunteering services
    I don't know where to ask this... My wife owns a nail salon. She wants to volunteer some time to a local nursing home to trim people's nails for those who can't get out. While she has been doing nails for over 20 years, has the appropriate license, is very good at what she does and I appreciate her willingness to help those in need, I see a possible liability nightmare if someone got an infection of some type, whether it was her fault or not. She has liability insurance for her salon, but I don't know if it covers her if she's volunteering off-site. I will call the agent and ask, but I wanted to ask if anyone here knew anything about this type of situation, so I had some type of direction to start with our insurance agent. Thank you.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
    Uber Member
     
    #2

    Jun 19, 2018, 08:42 PM
    Check with your state to see if this falls under the "Good Samaritan" act for the state where you reside.
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
    Expert
     
    #3

    Jun 20, 2018, 03:06 AM
    You could be correct about the liability issue. If infection occurs, especially to a diabetic person in a nursing home, the onus would be on your wife. In Ontario, Canada, only an RN, RPN are qualified to use 'sharps'; and Personal Support Workers are not according to their scope of practice.

    I don't think your wife has put much into this. If an infection occurred it would be her fault as she is the one implementing the scissors, or whatever the situation calls for. I don't know why she would want to take the risk.
    JohnsPop's Avatar
    JohnsPop Posts: 99, Reputation: 2
    Junior Member
     
    #4

    Jun 20, 2018, 08:11 AM
    Ah, because she's a sweetheart who cares about people, but doesn't really understand how the world works. :) Do you think her business insurance would cover her, or would that only apply to her business location?
    cdad's Avatar
    cdad Posts: 12,688, Reputation: 1438
    Internet Research Expert
     
    #5

    Jun 20, 2018, 02:35 PM
    The problem is with the local law and that is what you will have to use to guide your way through. If she is not being paid but still representing herself as an "expert" then it may not be her business insurance that would cover it but a homeowners insurance policy. Most have a personal liability claus but it may not be near as strong as the business insurance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #6

    Jun 20, 2018, 07:59 PM
    Just she can be held liable. How is her business set up ? Is it a LLC ? Or some coporation? But the insurance just depends on the policy and terms, She needs to verify the insurance and be sure it is in writing.

    Just she can be held liable. How is her business set up ? Is it a LLC ? Or some coporation? But the insurance just depends on the policy and terms, She needs to verify the insurance and be sure it is in writing.
    JohnsPop's Avatar
    JohnsPop Posts: 99, Reputation: 2
    Junior Member
     
    #7

    Jun 27, 2018, 05:51 AM
    I asked my cousin about it who is an attorney. He is basically of the same opinion as all of you. His suggestion was to see if the nursing home would add her onto their liability insurance. I presented all this to my wife and she said "forget it". She's a sweetheart, but she's practical, too. :) As always, I appreciate everyone's advice!
    cdad's Avatar
    cdad Posts: 12,688, Reputation: 1438
    Internet Research Expert
     
    #8

    Jul 1, 2018, 04:16 PM
    Thank you for the updated information. Welcome to AMHD.

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