Hi,
Our neighbors live out of town and my daughter takes care of their horses year around for them, they pay her a huge sum of 25 dollars a month for taking care of two horses and two cows plus keeping a "eye" on the property, my daughter is 17. Now they want us to sign a waiver that if she gets hurt on their property taking care of their animals that we won't sue! First of all, we are neighbors and we don't do things like that to neighbors. I quess what I am asking is this legal? And should I sign? And what if she did get seriously injured by their horse.. should they be responsible as her "employer"? We have medical insurance so that would probably pay for injuries anyway... I quess that I am just confused by it all, she has been working for them for over 5 years.. I don't know why this came out of the blue all of a sudden..
:confused:

I don't fault the neighbors or you and your concerns. This is what it comes down to in today's world. I personally would bow out and have your daughter get a job now at 17 and the offcial job would coverage on her. This is such a sad state of affairs. If you signed that and even felt you have insurance on her, but when it comes to your insurance company to pay and they got wind she was 'Working" for them then you may be out of luck assuming who's homeowners policy will cover who. I guess this is why America doesn't have neighbor kids cutting the neighbors lawn any more and hire it out, not to mention to many kids are Nintendo babies. Like I said since she was "hired" to feed animals is a whole lot different than a visit with the neighbors and got kicked by a horse.


Signed 21 Boat

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Originally Posted by 21boat

I don't fault the neighbors or you and your concerns. This is what it comes down to in todays world. I personally would bow out and have your daughter get a job now at 17 and the offcial job would coverage on her. This is such a sad state of affairs. If you signed that and even felt you have insurance on her, but when it comes to your insurance company to pay and they got wind she was 'Working" for them then you may be out of luck assuming who's homeowners policy will cover who. I guess this is why America doesn't have neighbor kids cutting the neighbors lawn any more and hire it out, not to mention to many kids are Nintendo babies. Like I said since she was "hired" to feed animals is a whole lot different than a visit with the neighbors and got kicked by a horse.


Signed 21 Boat

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A person cannot waive the legal right to claim on an insurance policy OR sue - so the waiver is meaningless. This is no different from me asking a passenger to sign a waiver when getting into my car, a waiver that promises not to sue in the event of an accident.

It waives the passenger's rights and will not survive a legal test.

Working or not working, the person where the daughter is employed is responsible in the event of an accident. A smart homeowner has an employee/wc clause and insurance. A careless homeowner does not. If not, then the employee has an action against the homeowner directly.

This question can be a legal landmine.

I realize you don't like "suits," as you have said, but sometimes people need "suits" to advise them and protect their legal rights.

Hello b:

Ones rights cannot be contracted away... Therefore, wavier or NOT, if your daughter was hurt on THEIR property and THEY are at fault, she can sue them till the cows come home.

It's just like that little note on the back of your ski lift ticket that says if you're hurt, you can't sue them... But, of course, you CAN sue them. Or, that sign on your dry cleaners wall that says they're not responsible for ruined clothing... But, of course, they ARE.

excon

As for as being "neighbors" and not fiing a law suit, you have not read enough of the legal questions here most or at least many law suits happen between neighbors,

And if you also read you will see the first question from many are (can we sue, and how much can we sue for)

I would also say she is grossly under paid for the work she is doing.

I'm no expert here, but perhaps your neighbors are doing this because their insurance company requirs that any workers they hire to work on their property have their own worker's compensation insurance? Does the form that they want her to sign make reference to that?

I'm with the others here - she should not sign the paper, even if it has little or no legal standing.

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Originally Posted by ebaines

I'm no expert here, but perhaps your neighbors are doing this because their insurance company requirs that any workers they hire to work on their property have their own worker's compensation insurance? Does the form that they want her to sign make reference to that?

I'm with the others here - she should not sign the paper, even if it has little or no legal standing.

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I doubt it's WC because the daughter is working for under minimum wage and that's the first thing the insurance company would tell the neighbor.

Daughter wouldn't sign a waiver. She'd provide proof of her own WC in the form of a binder of some sort.

A waiver wouldn't matter, anyway. WC policies owned by the homeowner coordinate with policies owned by the "worker," at least in any matter I've ever investigated. Might be different with other companies. That is also how my personal policy works.

For the princely sum of $25 a month, those people must be kidding. Maybe if she was making substantially more money per month, but at $25 they are getting off dirt cheap. Maybe she needs to get a for real job where she can make some for real money for a change. Let the neighbor find another dummy willing to work for less than a dollar a day. What a deal! Surely, they are not thinking with both cylinders.

For 25 a month I wouldn't even look at the horses every day

Hello brad:

It's not the horses fault!

If she doesn't like her wages, the correct course of action would be to renegotiate them. NOT going to work is a legal remedy called "self help". She's NOT legally entitled to take that avenue.

excon

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Originally Posted by brad platt

for 25 a month i wouldnt even look at the horses every day

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This is a legal thread. What's your LEGAL advice?

She has agreed to watch the horses and doesn't follow through, guess who's going to get sued?

A - The horses
B - The mother of the girl
C - The girl herself.

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Originally Posted by excon

hello b:

Ones rights cannot be contracted away..... Therefore, wavier or not, if your daughter was hurt on their property and they are at fault, she can sue them till the cows come home.

It's just like that little note on the back of your ski lift ticket that says if you're hurt, you can't sue them.... But, of course, you can sue them. Or, that sign on your dry cleaners wall that says they're not responsible for ruined clothing.... But, of course, they are.

Excon

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Thank you! It just sent my for a loop for a while, I just don't think that way, I don't have the kids that come to my house and ride the horses or play in my yard signing waivers before they step on my property... Then again maybe I should... What is this world coming too?? I quess cause I was personaly sued one time that I am sensitive to it... Here is one for the books, my daughter was pyhsically attached and sexually abused by a bully neighbor boy, my husband found out and threatened the boy and their family sued us for "scaring the boy" and they won!! My question was what about my daughter who missed a year of school because of it? They said my family was no longer the victim, only the boy who was threatened by my husband(there were witnesses) was the victim, the boy woulndt talk about what happened to my daughter so they said there was no proof... I quess that's California for you!

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Originally Posted by blue40

thank you! It just sent my for a loop for a while, i just dont think that way, i dont have the kids that come to my house and ride the horses or play in my yard signing waivers before they step on my property....... Then again maybe i should...... What is this world coming too???

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Hello again, blue:

I think you missed my point - or not - I can't tell. Waivers do NOT work. They will NOT prevent you from being sued. Therefore, you're doing FINE by not having the neighbor kids sign a waiver because they don't work.

Their rights CANNOT be signed away.

excon

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Originally Posted by blue40

thank you! It just sent my for a loop for a while, i just dont think that way, i dont have the kids that come to my house and ride the horses or play in my yard signing waivers before they step on my property....... Then again maybe i should...... What is this world coming too??? I quess cause i was personaly sued one time that i am sensitive to it... Here is one for the books, my daughter was pyhsically attached and sexually abused by a bully neighbor boy, my husband found out and threatened the boy and their family sued us for "scaring the boy" and they won!!!!! My question was what about my daughter who missed a year of school because of it? They said my family was no longer the victim, only the boy who was threatened by my husband(there were witnesses) was the victim, the boy woulndt talk about what happened to my daughter so they said there was no proof...... I quess thats california for you!

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What is your question concerning the assault on your daughter? That's not just California - it's anywhere where there isn't clear and concise proof, proof acceptable to the Courts.

As far as the horses - you don't understand what's been said. You CANNOT waive your legal rights. "Waivers" have no meaning, are not upheld in Court, do NOT prevent anyone from suing AND collecting.