A reply to my other post has me thinking now re: liability

dragonfly8

New member
I'd just be a little bit concerned about liability for you in this case, especially since you're a newer tech. I'd want someone else's eyes to cover my butt, personally, and I've been a CRST for >5 yrs now. I do individual checks alone sometimes, but I'm pretty careful about it, and typically get the parent to do the actual install.

I didn't realize that we could be held accountable should incorrect information be given? Not purposely of course. My feeling are though that we are not paid to do seat checks, and if we're providing information but having parents do their own installs, with us physically assisting them, that things would all go smoothly. And in all honesty, who's to say that they're not going to go home 30 minutes later, uninstall and reinstall just so they see that they can do it? Or because they want to play with different seating positions etc? At this point, would we as tech's not be responsible any longer? How does one prove that the parent didn't move or alter the seat install?

I'll look again on my check sheets, but I don't recall anywhere saying that the tech can be held responsible for XXXXXXX, but maybe somewhere in the fine print, it does.
Are we as techs, better off having some sort of a waiver form stating that we are providing information for that purpose and that we assume no responsibility for XXXXX type of thing?

Honestly, if I wait for MPI clinics or even for my instructor to help/support me, I'll grow old doing it. My instructor is not the easiest person to find it seems..........between that alone and the struggle just to get my tech # is beyond frustrating to me.
 
ADS

melissainbc

New member
We have waivers to use at the store I work at when we do seat checks/clinics. I haven't done any seat checks outside of work, yet, but I also have a waiver that I will use when I do. I can't imagine not using them!

Melissa
 

selinajean

New member
I have waivers that I use. I don't know how legally binding they are but it gives me some mental security. It is on the same form as my checklist and I write all of my notes on it too so that everything is documented in one place. At the end of the check you could even write something like, "Final installation done by" and then have the parent sign their name.

Make it clear to the parents from the start that you are NOT a car seat installation service, you are a community educator.

Don't give wrong info. Period. If you don't know the answer, call someone to get the info for you.

Have the parent(s) do the final install from start to finish and have them go over your checklist too to make sure that they have done everything correctly.
 

featherhead

Well-known member
The waiver is part of our forms, so don't worry about it. Just explain it to the parents, have them sign it, and do your best.
 

Shanora

Well-known member
Document, Document, Document!!! Make sure that you have forms that you fill out and that the parents sign them!
 

QuassEE

Moderator - CPST Instructor
Please, do not be under the mistaken impression that a waiver covers your butt. It does not. It doesn't take a law degree to realize that a waiver does *not* stop somebody from suing you.

Doing what we do, we really put ourselves out there. I've got a lot to lose, and I'm sure most of you do, too. It's scary. Very scary. But so was an insurance rider well into four figures yearly for a "job" that doesn't pay.

When you're working with another agency or under some sort of umbrella, you should be covered under their umbrella insurance (check)..but when you're on your own, you're on your own. Some places have Good Sam laws, but most do not. And even those don't help when you need to mount a legal defense to point out their presence in your locale.

As has been said--if you don't know, TELL the parents you do not know..(and document that!) Ultimately, it's the parents' responsibility to properly restrain their children..but again, this doesn't mean they can't sue you.

-N.
 

Jewels

Senior Community Member
Please, do not be under the mistaken impression that a waiver covers your butt. It does not. It doesn't take a law degree to realize that a waiver does *not* stop somebody from suing you.

Doing what we do, we really put ourselves out there. I've got a lot to lose, and I'm sure most of you do, too. It's scary. Very scary. But so was an insurance rider well into four figures yearly for a "job" that doesn't pay.

When you're working with another agency or under some sort of umbrella, you should be covered under their umbrella insurance (check)..but when you're on your own, you're on your own. Some places have Good Sam laws, but most do not. And even those don't help when you need to mount a legal defense to point out their presence in your locale.

As has been said--if you don't know, TELL the parents you do not know..(and document that!) Ultimately, it's the parents' responsibility to properly restrain their children..but again, this doesn't mean they can't sue you.

-N.

I think in MB we are covered under MPI. They are a no fault insurance and they provide us with carseat check forms that we get the parents to sign and then send in to MPI once done with them.

Edit to add a response I got from the MB coalition:
As for legalities...if the techs are in good standing (i.e. still certified), then the certifying body (being St John Ambulance) will hold the legalities of any complaint...or they should. If the techs are 'working' a checkstop with MPI, then MPI has any legality issues covered.
 
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hipmaman

Moderator - CPST Instructor
Edit to add a response I got from the MB coalition:
As for legalities...if the techs are in good standing (i.e. still certified), then the certifying body (being St John Ambulance) will hold the legalities of any complaint...or they should. If the techs are 'working' a checkstop with MPI, then MPI has any legality issues covered.

A tech will be covered under SJA liability insurance as well as Good Sam's law is in place, when such tech is certified and worked in a clinic that hosted, sponsored, participated by SJA branch(es). A tech is not covered under SJA liabilities just because he/she is certified by SJA. But I find that SJA is not a nationally run organisation and policies apparently varies from province to province (or might be city to city). So it might be the case in Manitoba, but the bolded part in the quoted text, does not look like MPI knows for sure though :)
 

Jewels

Senior Community Member
A tech will be covered under SJA liability insurance as well as Good Sam's law is in place, when such tech is certified and worked in a clinic that hosted, sponsored, participated by SJA branch(es). A tech is not covered under SJA liabilities just because he/she is certified by SJA. But I find that SJA is not a nationally run organisation and policies apparently varies from province to province (or might be city to city). So it might be the case in Manitoba, but the bolded part in the quoted text, does not look like MPI knows for sure though :)


She isn't from MPI, she is from the coalition. I haven't heard back from MPI yet.
 

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