Do You Ever Let DCP's Borrow Your Things?

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  • Blackcat31
    • Oct 2010
    • 36124

    #16
    For those of you that say the OP could be held liable, I know for a fact that when the parent leaves my property I am no longer liable for anything that happens.

    I am not understanding how the provider could be liable for something we have NO control over :confused: I mean it isn't like I go outside and check to see that parents have their children buckled in properly or are even in a car seat.

    Also to the OP, in the future, if you are going to lend out things like car seats I would make rules such as a deposit of say $50 and state it needs to be returned first thing in the morning or you lose the deposit.
    I might even go so far as charging the parent for NOT returning it.

    I would also have the parent sign a statement agreeing to this. (like a mini contract).

    I, personally would NEVER lend a car seat out to a parent. As a PP'er said, now her problem is your problem.

    Comment

    • familyschoolcare
      Advanced Daycare.com Member
      • Jun 2011
      • 1284

      #17
      car seat liablity is why I have parent supply a care seat I have loaned parents thier car seat back have never had a problem getting it back

      Comment

      • Lilbutterflie
        Advanced Daycare.com Member
        • Apr 2010
        • 1359

        #18
        I have let DCPs borrow things like books and blankets before; and I have not ONCE gotten them back in return. Therefore; I do not let any of my belongings out of this house any more.

        In regards to the car seat issue. I actually require the parents to supply an extra car seat for their child to be kept here. I have had it come up in the past that they needed to use the seat they provided to bring the kids home. I let them borrow it... because it's theirs!! But I do stress that it needs to be returned the next day, and if they don't bring it I make them go back and get it. It's never been an issue before.

        Comment

        • JenNJ
          Advanced Daycare.com Member
          • Jun 2010
          • 1212

          #19
          Well, the carseat could malfunction. If that happens they will ask about the history of the carseat. They will look to the owner of the seat and try and find out possible causes of malfunction -- was it in an accident, is it expired, was it stored properly when not in use, was the seat ever damaged by misuse or improper installation, was it inspected for cracking or warping recently, was it properly maintained and assembled. The possibilities really are endless.

          That will come back to the car seat owner.

          Comment

          • kathiemarie
            Daycare.com Member
            • Sep 2010
            • 540

            #20
            Why didn't you ask her to leave her car seat for the day? That is what I would have done. Oh, yes I have lent carseat to parents but I have a quite of few extras.

            Comment

            • sharlan
              Daycare.com Member
              • May 2011
              • 6067

              #21
              I've loaned former families carseats, jackets, nebulizer, even my van and tent trailer.

              I've never had a problem with things being returned.

              Comment

              • bice99
                Parent and Provider
                • Apr 2011
                • 376

                #22
                I was an elementary school teacher prior to opening my DC. I had a tiny first grader whose Romanian mom picked her up everyday - big van, 4 other little kids, no carseats that I could see. I asked our union rep about reporting it b/c our principal said I didn't need to. Turns out that if I let them leave the school grounds without making at call (DHS or police) and they get in an accident, I can personally be held liable - not the school district, me! I could lose everything because of the choices this mama was making. It's part of being a mandatory reporter. So that day I called DHS. The next day it was the police.

                Originally posted by Blackcat31
                For those of you that say the OP could be held liable, I know for a fact that when the parent leaves my property I am no longer liable for anything that happens.

                I am not understanding how the provider could be liable for something we have NO control over :confused: I mean it isn't like I go outside and check to see that parents have their children buckled in properly or are even in a car seat.

                Also to the OP, in the future, if you are going to lend out things like car seats I would make rules such as a deposit of say $50 and state it needs to be returned first thing in the morning or you lose the deposit.
                I might even go so far as charging the parent for NOT returning it.

                I would also have the parent sign a statement agreeing to this. (like a mini contract).

                I, personally would NEVER lend a car seat out to a parent. As a PP'er said, now her problem is your problem.

                Comment

                • daycare
                  Advanced Daycare.com *********
                  • Feb 2011
                  • 16259

                  #23
                  Originally posted by JenNJ
                  Well, the carseat could malfunction. If that happens they will ask about the history of the carseat. They will look to the owner of the seat and try and find out possible causes of malfunction -- was it in an accident, is it expired, was it stored properly when not in use, was the seat ever damaged by misuse or improper installation, was it inspected for cracking or warping recently, was it properly maintained and assembled. The possibilities really are endless.

                  That will come back to the car seat owner.
                  THis is true.....

                  ANYTHING YOU give them that they leave the house with could come back on you....

                  Comment

                  • Blackcat31
                    • Oct 2010
                    • 36124

                    #24
                    Originally posted by bice99
                    I was an elementary school teacher prior to opening my DC. I had a tiny first grader whose Romanian mom picked her up everyday - big van, 4 other little kids, no carseats that I could see. I asked our union rep about reporting it b/c our principal said I didn't need to. Turns out that if I let them leave the school grounds without making at call (DHS or police) and they get in an accident, I can personally be held liable - not the school district, me! I could lose everything because of the choices this mama was making. It's part of being a mandatory reporter. So that day I called DHS. The next day it was the police.
                    Oh, I get that part of it but what I am not understanding is how anyone can think that daycare providers are responsible for things parents choose to do or not do once they leave my property.

                    I don't allow car seats to be left on my property and I do not have or borrow out seats I also do NOT transport children. EVER.

                    If I KNEW a parent did not have a car seat, I would absolutely report it just as I would if I thought a parent was unsafe to drive or under the influence .

                    If a parent has a child buckled in a car seat when they leave, then NOTHING that happens after that fact is my liability.

                    Just to be sure I asked my DCD (who is a State Trooper) and he said he finds it hard to believe that I could be held liable in any of those situations unless there was proveable evidence that I acted in a manner that would have caused something to happen. He said he thinks people are too quick to blame anyone for something they should be responsible for themseves.

                    Car seats are removed and reinstalled all the time by parents for various reasons and NONE of those have anything to do with me so I still stand my ground that I am not responsible or liable. With the exception of NOT reporting something I knew....but again, they would have to prove I KNEW or actually saw no car seats......

                    Comment

                    • JenNJ
                      Advanced Daycare.com Member
                      • Jun 2010
                      • 1212

                      #25
                      Originally posted by Blackcat31
                      Just to be sure I asked my DCD (who is a State Trooper) and he said he finds it hard to believe that I could be held liable in any of those situations unless there was proveable evidence that I acted in a manner that would have caused something to happen. He said he thinks people are too quick to blame anyone for something they should be responsible for themseves.
                      And THAT is the problem! By offering the carseat to borrow, the OP has to stress about liability issues when all she wanted to do was be nice. It ****s that this is the kind of society we live in, but at the end of the day all I want to do is cover my a**.

                      Comment

                      • daycare
                        Advanced Daycare.com *********
                        • Feb 2011
                        • 16259

                        #26
                        Originally posted by Blackcat31
                        Oh, I get that part of it but what I am not understanding is how anyone can think that daycare providers are responsible for things parents choose to do or not do once they leave my property.

                        I don't allow car seats to be left on my property and I do not have or borrow out seats I also do NOT transport children. EVER.

                        If I KNEW a parent did not have a car seat, I would absolutely report it just as I would if I thought a parent was unsafe to drive or under the influence .

                        If a parent has a child buckled in a car seat when they leave, then NOTHING that happens after that fact is my liability.

                        Just to be sure I asked my DCD (who is a State Trooper) and he said he finds it hard to believe that I could be held liable in any of those situations unless there was proveable evidence that I acted in a manner that would have caused something to happen. He said he thinks people are too quick to blame anyone for something they should be responsible for themseves.

                        Car seats are removed and reinstalled all the time by parents for various reasons and NONE of those have anything to do with me so I still stand my ground that I am not responsible or liable. With the exception of NOT reporting something I knew....but again, they would have to prove I KNEW or actually saw no car seats......
                        OH and I forgot to say that when she showed up empty handed, I would have demanded that she give you her car seat. Tell her I need it for our field trip today and when you come for pick up today, I will give you back your car seat when you give mine back.

                        This would force her to go get it making it her problem

                        Comment

                        • daycare
                          Advanced Daycare.com *********
                          • Feb 2011
                          • 16259

                          #27
                          sorry blackcat not sure why I quoted you...I need my coffee still...

                          Comment

                          • Blackcat31
                            • Oct 2010
                            • 36124

                            #28
                            Originally posted by daycare
                            sorry blackcat not sure why I quoted you...I need my coffee still...
                            It's cuz you like me! ::

                            Comment

                            • MrsB
                              Daycare.com Member
                              • Jan 2012
                              • 589

                              #29
                              Who knows I suppose it could happen, but I think it is HIGHLY unlikely that anyone would win a case against a daycare provider for loaning a carseat. To prove negligence you have to prove carelessness.

                              It would be different if you loaned them a carseat you knew was expired or you knew didnt fit the child. That could be considered carelessness. I did have my lawyer tell me never to help a parent strap in a carseat or strap it in for them. I think just the act of loaning an approved,non expired, appropriate carseat would be pretty difficult to show liability.

                              Comment

                              • Blackcat31
                                • Oct 2010
                                • 36124

                                #30
                                Originally posted by JenNJ
                                And THAT is the problem! By offering the carseat to borrow, the OP has to stress about liability issues when all she wanted to do was be nice. It ****s that this is the kind of society we live in, but at the end of the day all I want to do is cover my a**.


                                Probably why I RARELY do anything any more other than what is required of me and that is all. Sad but a necessary reality.

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