Reply to Daycares and covid liability waivers

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]There's a lot of confusion about tort liability.  The status quo without a waiver isn't that the daycare is liable for everything, including covid infections beyond their control.  A successful lawsuit for negligence requires a deviation from the standard of reasonable care and causation.

[b]So everyone who is saying "well even if the daycare tries its best and does all the reasonable precautions, covid can still spread, so the daycare needs the waiver" is missing the point: Even without the waiver, the daycare wouldn't be liable.[/b]

The waiver of negligence claims only makes a difference when the daycare HASN'T acted reasonably, when it can be shown NOT to have taken all reasonable precautions.  Why would any parent want to give the daycare a get out of jail free card under these circumstances?[/quote]

It's not about whether they are liable. It's about whether people whose mind goes to "can I sue?" are likely to think they have a case, if they argue about the details of what happened. [/quote]

They really wouldn’t, unless as PP said, the daycare had been grossly negligent and you could prove it.[/quote]

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