In today’s economy, it is not uncommon to have two parents working in a household. In order to work, however, parents need access to child care. Instead of placing ads and dealing with the long search process, more parents are seeking their nannies through online services, such as Care.com. These services advertise themselves as a helpful alternative by offering several caregiver choices to parents, based on specific search criteria and location. Numerous families in Louisville have used these sites – most of the time, it is a successful, uncomplicated process.
But, what if your child is injured by a nanny who you hired from an online service? Is the company – which advertised the nanny – liable? In February 2016, a nanny in California was caught suffocating a baby who would not stop crying while she tried to put him down to bed. Luckily, it was all caught on nanny cam video. That nanny has since been charged with felony child abuse. The parents had found her through the online nanny website, Care.com. This begs the question: Is Care.com (or similar sites) liable to those parents, as well as any parent, with a child who has been injured by a caregiver recommended by their site?
Can Care.com and Other Nanny Sites Be Sued?
In the case of Care.com, they advertise themselves specifically as the “world’s largest online destination for care.” They don’t just limit their services to child care, either. Instead, they also offer services for house-sitting, babysitting, pet-sitting and full-time nanny care. On the site, Care.com makes it clear that they take no responsibility for the actions of the people advertised.
In fact, while they state that they connect families, they also have a disclaimer that clearly disavows their responsibility for any connections made through their service. They also make it clear that caregivers on their site are not employees, and they don’t specifically endorse or recommend any one individual on the site; therefore, they are not liable for the conduct of those care providers.
While not all nanny websites have the same wording, most will offer a quick disclaimer stating that they are not responsible for the actions of those nannies and caregivers whom they recommend.
But, is a disclaimer enough?
The Truth About Liability
Just because a website has a quick disclaimer regarding their responsibility for service connections does not mean that they are not liable for the actions of a nanny whom they recommend. Technically, parents can sue a nanny website and claim that they were negligent in some sort of aspect of their service. However, the success of these claim can vary, and will depend on the circumstances of the particular injury claim.
Was Your Child Injured by a Nanny from a Website? Contact a Kentucky Personal Injury Attorney
If your child was injured by a caregiver, you may have a viable personal injury claim against that caregiver – and possibly the site that recommended him or her. The only way to find out is to schedule a free, no-obligation consultation with an expert attorney. Gladstein Law Firm, PLLC can assist you with such claims. Schedule your consultation now by calling 502-855-4177 or filling out our online contact form with your personal injury questions.