Reply to Daycares and covid liability waivers

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[quote=Anonymous][quote=Anonymous]I think it would be very difficult for someone to successfully sue because you can’t prove you or your kid got it from the daycare. But I guess the waiver shields them from even dealing with a lawsuit that would be thrown out.[/quote]

Whether you can prove where the COVID came from depends on the burden of proof, right? You can't prove it beyond a reasonable doubt, but that's not the standard. The standard would be is it more likely than not that you got the COVID in this place. If you can show your kid was the first to show symptoms, if you can show the degree of care the rest of the family took in other potential exposures, if you can show that other kids in the day care have COVID, and so on, you might be able to meet that burden.

That said, a waiver like this only shields the daycare from simple negligence, not gross negligence.

It sounds to me like an abundance of caution. I'm not sure whether I'd sign it; I guess it depends on how badly I needed the care, whether other care is available, if I trust the daycare to take precautions, etc. I imagine that this will become more the norm as it occurs to daycare owners that they should try to get their parents to sign something like this.[/quote]

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