QUESTION
Do we need an affidavit to release us from harm in case of ANY injuries that may happen during the course of duties given during elder care?
Asked on Jan 06th, 2020 on Business Law - Texas
More details to this question:
My wife, by nature is a giver, and has agreed to provide care 3 days a week for 3 to 4 hours each day to an elderly lady. The lady is the Mother of one of our friends. I want my wife to do what she want to. I have created a LLC that the other family will make out payment for services to, but I am unable to purchase liability insurance for the LLC because no one employed by the LLC is a Licensed RN or LVN. Will an affidavit worded correctly and signed by both parties be sufficient to protect OUR assets?
1 ANSWER
You obviously know that the owners of an llc are normally not liable for the llc's obligations, but I share your concern that in this case,w here liability would accrue due to the actions of the llc's sole employee who is alos one of its two owners, the veil of the llc could be pierced. An affidaVit will do nothing to alleviate this risk. A contract limiting liability and assuming any risk from not having a licensed professional working may help any ultimate liability issues, but I doubt will help you get insurance because (at least in the jurisdictions in which I practice) you cannot contractually (or in any other way) disclaim liability for intentional or reckless conduct, only for negligence.
Answered on Jan 07th, 2020 at 7:32 AM