Can I have clients sign a waiver of liability for transportation services?

Full question:

I'm starting a non-medical at home elder care-giving business. If I transport clients to their doctor's appointment could I have them sign a waiver of liability not to hold me responsible if there would be an accident?

  • Category: Misc
  • Date:
  • State: National

Answer:

A waiver of liability allows the signer to give up their right to sue the person or business requesting the waiver. The document outlines what actions the business is protected from regarding liability. Generally, waivers are not valid if they are signed under fraud, or if they involve intentional wrongdoing or gross negligence.

In Ohio, a business offering recreational activities can have participants sign a waiver that releases the business from liability for negligent acts, unless those acts are willful or wanton misconduct. Waivers are more likely to be upheld if the signer benefits from the activity, understands what they are signing, and is not under duress. For instance, if a waiver is required in an emergency before transportation to critical care, it may be less enforceable.

It's also important to ensure that elderly clients have the mental capacity to understand the waiver's implications. I recommend having an attorney review any waiver or liability documentation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The income of a non-medical home care business can vary widely based on factors like location, services offered, and client base. On average, home care agencies can earn between $30,000 to $1 million annually. Many small agencies may see profits of $100,000 to $300,000, depending on their size and efficiency. It's essential to consider operational costs and local market demand when estimating potential earnings.