Private checks, liability issues, and check forms

I had alway read on here that Safe Kids doesn't take liability for private checks, since they aren't set up with Safe Kids, and therefore you can't even use their check forms. In class the other day, I specifically asked what form we would use if a parent found our contact info off of Safe Kids website and we had set up a private check. They told me that we should use the Red White and Blue form, just like if we were at any other check. He said that we could even change the header on the form to put our FD, PD, or even our First and Last name. I thought that this was a big no-no? I had always thought that if it was a private check and not a check up event, that we had to use our own check forms and Safe Kids wouldn't take any liability?

Please fill this clueless girl in.

There is a generic form on the web site. Use that. Some techs here have made their own forms as well.

I use Washington State Coalition's forms. 800bucklup.org's forms. They hand them to me free by the stack. I'm also listed on their site as a technician. They give me handouts and things when I need them. I don't know if that would go for an out of state technician or not, but it's possible.

When I was in NC I used a generic form. It was a North Carolina form, but it didn't have a name on it. I've never used a Safe Kids form other than when I'm working a Safe Kids check.

As for the liability issues, here in Washington CPSTs are specifically named under the Good Samaritan laws. So I'm safe on my own. Check your state's laws to see what they say.

Wendy

Wendy~
how would you check that?

Here is one.

http://www.americanheart.org/presenter.jhtml?identifier=3024007

I simply read the Washington State Good Samaritan law online. I can't find it right now.

Wendy

Here is a website that lists all the states and their Good Samaritan Laws.

http://www.rescueriders.org/liability.html

I don't think I'm covered. This is all I could find, and it refers to EMS.

a) Any person, agency or governmental body certified, licensed or authorized pursuant to this Act or rules thereunder, who in good faith provides emergency or non-emergency medical services during a Department approved training course, in the normal course of conducting their duties, or in an emergency, shall not be civilly liable as a result of their acts or omissions in providing such services unless such acts or omissions, including the bypassing of nearby hospitals or medical facilities in accordance with the protocols developed pursuant to this Act, constitute willful and wanton misconduct

Click to expand...

Ah, here's Washington's.

http://apps.leg.wa.gov/Rcw/default.aspx?cite=46.61.687

(8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

(b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child passenger restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child passenger restraint systems.

Click to expand...

Wendy

So since IL doesn't have any laws such as WA, what happens if I do a private check? I wouldn't have anything to cover me, correct?

A judge might say you go under Good Samaritan, but mostly what protects you is the fact that the parent is the last one to touch the seat. It's their install, and you've just given then advice. If giving advice was a concern, we'd all be in trouble, as would any mom who says, "Oh, I gave my older child XYZ and that helped!"

In NC, since I took no money for it, I was not at all considered a "professional". I was just someone giving advice. If I had charged, we would have gotten a policy on our homeowner's insurance, or some techs take out personal liability insurance. Here I don't carry any insurance, and even if I started charging I wouldn't get insurance.

Wendy

I found this on the Safekids site

"The question about liability is frequently asked and may drive someone into the course. Provided a CPST practices within the scope of their certification and uses a well-designed checklist with appropriate documentation, the exposure to liability is very, very small. In the unlikely event an incident should occur, the CPST community and national organizations stand ready to help. As far as we know, and with well over 1 million seats checks, there have been no lawsuits. Additionally, some states provide statutory immunity, in certain circumstances, to a CPST when installing, adjusting or educating about child safety seats."

Thought I'd jump into he conversation with some info about liability and how good samaritan laws protect.

As a nurse educator, I speak to this topic frequently. Keep in mind that one of the biggest pieces of protection (or lack thereof) deals with the "acting within the scope of practice" Therefore, if the tech actually installs the seat for the client instead of the client installing the seat, and if that is considered outside their scope of practice, one could be vulnerable and potentially negligent.

Secondly, the compensation piece is a sticking point. Compensation does not always have to be strictly monetary. For medical professionals offering their services on a plane for instances, compensation can take the form of a complimentary drink, seat move to first class, etc.. For a tech -- maybe gifting a not needed locking clip? Compensation can void good sam protection.

So, in the event that a person sues b/c of a car accident and there is a claim against the car manufacturer, carseat manufacturer other driver, etc the lawyer will usually name every possible person/ co. that may have had involvement as it is difficult to add someone later and it increases their chances of finding a scapegoat. For medical prof. this means that lots of times we have to defend our licenses even though there was no wrongdoing, and it is always cheaper to do this with a personal insurance policy.

:twocents: Jenny

I carry private liability insurance. It makes me feel better, even though I don't charge. (And I get a discount on my insurance because I'm a volunteer.) There's a thread in the tech area about that, when you get there.

I'm not really scared but it makes sense to protect myself a little when I'm paying less than $100 a year to do so, KWIM?

I went through the checklist selection in the back of the tech class manual, and decided which form I liked best, printed that out, altered the disclaimer, and that's what I use for my forms.