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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have a contractor who has brought his son to a rural job

Customer Question

I have a contractor who has brought his young son to a rural job site we hired him to work on. The son is about 6 years old. I am not ok with this. To me the liability is huge. Especially when we are still waiting for the contractor to produce proof of liability and workers comp insurance. What is your opinion?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: TN
JA: Has anything been filed or reported?
Customer: What do you mean filed or reported?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Thomas Swartz replied 1 month ago.

Hello Customer,

I agree, it is questionable to bring such a young child to a construction site. I would strongly advise the contractor not to bring the child to the work site because of liability concerns. It is unlikely that the child would be covered liability insurance of the contractor. And the child would not be covered by workers compensation insurance. So, your liability concerns are valid. If the child is injured in any way, because of conditions on the property you could potentially face some liability. At the very least you should have the contractor sign some sort of waiver of liability for any personal injuries sustained by the child either by the contractor's or your actions or in-actions during the job.

Thomas

Customer: replied 1 month ago.
Is there a generic online source for this form?
Customer: replied 1 month ago.
Can I email him this form and have him reply to the email in a binding way? He is an hour away from me and I only found out about the issue as a result of signing into security cameras on the property.
Customer: replied 1 month ago.
Or can you provide the form?
Customer: replied 1 month ago.
Hello?
Expert:  Thomas Swartz replied 1 month ago.

There are many places online where you can find or create a general waiver of liability form. I will direct you to a few. You obviously will want to tailor these somewhat to meet your specific circumstances. So here are a few:

Waiver of Liability

Release of Liability

Free Waiver and Release Form

You can have the contractor sign such as form as an email attachment. But I would make sure that the signed document is returned to you.

Thomas

Customer: replied 1 month ago.
Thanks Thomas
Expert:  Thomas Swartz replied 1 month ago.

You are welcome. Good luck.

Thomas