Very sad situation to see this issue settled in. Is there potential liability when establishing a website that offers services to others? Did the site incorporate an agreement regarding their services that protected them? Will this open up a new form of liability exposure?
I’d hardly consider the parents “thrashing about” for justice. The sitter is in jail on charges of 1ST DEGREE MURDER! I’m sure they have a pretty good case. Innocent until proven guilty however:)
While murder may or may not be difficult to prove, negligent disregard for the health and well-being of the child is certainly obvious. The caregiver need to stand trial and the agency that provided the caregiver needs to shut down or drastically improve their management system. Unfortunately, neither a trial nor improved management will be enough to offset the death of the child and the agony of the parents. God have mercy on us all.
I don’t think I could ever leave my child, least of all an infant, in the care of someone I hired through a website. There is just something too impersonal about that to me. This just confirms my feelings on the matter.
A wrongful death suit can be brought upon by intentional or UNINTENTIONAL acts that cause injury leading to death. This lawyer quoted better get a clue before he uses the argument that “she’s not a murderer.
In fact in Wisconsin, the wrongful death statute says, “Whenever the death of a person shall be caused by a wrongful act, neglect or default…”
She is charged with first degree murder and getting sued for wrongful death.
The lawyer must’ve been commenting on the murder charge, not the wrongful death suit? The article didn’t particularly clarify but did mention that he understands why they would “thrash about” so I first assumed he was talking about the lawsuit.
Having used care.com myself for several years, and hired nannies from their site, I can say that the website does NOT place any caregiver with any family. They are a service that accepts caregiver requests for work and family posts for jobs. As the parent, I can review caregiver resumes, contact caregivers I want to, interview them, do my own reference checks, and if I WANT to, I can pay extra for a large variety of background and screening reports such as motor vehicle records, etc. But there are limitations to background checks, even if you complete nationwide all-states searches, just ask any employer or legal professional. How many times has someone who should not have received a gun permit been given one? The caregiver herself caused the death of the infant, which is terribly horribly sad and I can’t imagine having to face that possibility myself. But kids can be (and are) neglected, abused and killed in the care of trusted family members, home daycare centers and childcare centers. Unlike “placement agencies” who they themselves get, interview, screen and run checks on candidates and then place that person in your home as a caregiver, Care.com does not do that. This does create a big difference when casting an opinion on the liability of the parties involved.
Dawn J, thanks for sharing your experience. That certainly does place a different light on things. You’re right that this sort of thing could happen in other place/scenarios. Sounds like care.com just facilitates the process of finding a caregiver vs actually marketing qualified candidates.
Very sad situation to see this issue settled in. Is there potential liability when establishing a website that offers services to others? Did the site incorporate an agreement regarding their services that protected them? Will this open up a new form of liability exposure?
I’d hardly consider the parents “thrashing about” for justice. The sitter is in jail on charges of 1ST DEGREE MURDER! I’m sure they have a pretty good case. Innocent until proven guilty however:)
While murder may or may not be difficult to prove, negligent disregard for the health and well-being of the child is certainly obvious. The caregiver need to stand trial and the agency that provided the caregiver needs to shut down or drastically improve their management system. Unfortunately, neither a trial nor improved management will be enough to offset the death of the child and the agony of the parents. God have mercy on us all.
I don’t think I could ever leave my child, least of all an infant, in the care of someone I hired through a website. There is just something too impersonal about that to me. This just confirms my feelings on the matter.
A wrongful death suit can be brought upon by intentional or UNINTENTIONAL acts that cause injury leading to death. This lawyer quoted better get a clue before he uses the argument that “she’s not a murderer.
In fact in Wisconsin, the wrongful death statute says, “Whenever the death of a person shall be caused by a wrongful act, neglect or default…”
Boom – she’s charged with first-degree murder.
She is charged with first degree murder and getting sued for wrongful death.
The lawyer must’ve been commenting on the murder charge, not the wrongful death suit? The article didn’t particularly clarify but did mention that he understands why they would “thrash about” so I first assumed he was talking about the lawsuit.
IJ articles aren’t known for their clarity!
Having used care.com myself for several years, and hired nannies from their site, I can say that the website does NOT place any caregiver with any family. They are a service that accepts caregiver requests for work and family posts for jobs. As the parent, I can review caregiver resumes, contact caregivers I want to, interview them, do my own reference checks, and if I WANT to, I can pay extra for a large variety of background and screening reports such as motor vehicle records, etc. But there are limitations to background checks, even if you complete nationwide all-states searches, just ask any employer or legal professional. How many times has someone who should not have received a gun permit been given one? The caregiver herself caused the death of the infant, which is terribly horribly sad and I can’t imagine having to face that possibility myself. But kids can be (and are) neglected, abused and killed in the care of trusted family members, home daycare centers and childcare centers. Unlike “placement agencies” who they themselves get, interview, screen and run checks on candidates and then place that person in your home as a caregiver, Care.com does not do that. This does create a big difference when casting an opinion on the liability of the parties involved.
Dawn J, thanks for sharing your experience. That certainly does place a different light on things. You’re right that this sort of thing could happen in other place/scenarios. Sounds like care.com just facilitates the process of finding a caregiver vs actually marketing qualified candidates.
This is what happens when you legalize alcohol.