Avoiding liability for at home business injuries to children

Nina L. Kaufman, Esq.

Nina L. Kaufman, Esq.

An award-winning small business attorney in New York City, Nina is a sought-after professional speaker and Entrepreneur Magazine online contributor. She is the go-to counsel for knowledge economy and creative companies, delivering legal services and educational resources that save them time, money, and aggravation.

Posted on May 24, 2015 in Business Essentials

Q.: I’m starting up a children’s art class business in my home and would like to know how to protect myself from being sued in case of injuries to children. I can’t afford to pay for insurance at this time and although I don’t have anything dangerous in my studio, I would rather be safe than sorry. How can my at home business with children avoid being liable for injuries?

A.: Unfortunately, there’s no way to prevent someone from suing your at home business for injuries to children.  You can be sued, even if you didn’t do anything wrong—for example, reasonable minds could differ as to whether you were negligent in your supervision of the children.

Even if you had some form of liability waiver, it could not (legally) be so comprehensive that no one would ever have the ability to sue you.

Your at home business model involves a number of lightning rods:  it’s in your home, and you’re dealing with children.  You may well have licensing, zoning, and child care certification-related legal issues as well.  Homeowner’s insurance may not cover your at home business-related activities.

If you can’t afford insurance at this time, you may want to go back and crunch the numbers to get a clear handle on your start-up costs and timing.  If you’d really rather be safe than sorry, you may want to wait until you have the funds available to invest in the right insurance and professional services that can protect your at home business against injuries to children.

Here are more law questions about small business insurance.


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