Just wondering who would be responsible for the safety of unsupervised minor children of agisters on an agistment property. Horses are dangerous at the best of time and some parents (agistors) are leaving their children as young as 10 alone on property to ride and care for horses unsupervised. The children are behaving dangerously at times, endangering lives of others and themselves. Does the property owner have any responsibility for injury resulting from actions of these unsupervised children or for injury to the children themselves? Just don't want to see anyone hurt. I am tired of tending children (not my own) who have been bitten, kicked, or are crying or asking for help because they are afraid. Think it is their parent's role, but I still ethically would do what is necessary to treat injured child and keep them safe.
SA Unsupervised minors who is responsible?
- Thread starter LuckyOne
- Start date
Hi,
I fear the answer is that the property own could carry a level of liability. To be liable you would need to be found to have a duty of care, you breached the duty of care and the breach caused damage or loss. Do you have a duty of care? Perhaps, you as the property owner could be seen to have accepted a duty of care based on allowing parents to leave their children at the property. Do you have public liability insurance? Keep in mind, even if you don't have a duty of care for children left at your property if a child is injured by or on something that is your duty to maintain then you do carry liability. You should have contracts with each agister and in the contract I would address liability issues and also requirement to not leave children unsupervised. Good luck.
I fear the answer is that the property own could carry a level of liability. To be liable you would need to be found to have a duty of care, you breached the duty of care and the breach caused damage or loss. Do you have a duty of care? Perhaps, you as the property owner could be seen to have accepted a duty of care based on allowing parents to leave their children at the property. Do you have public liability insurance? Keep in mind, even if you don't have a duty of care for children left at your property if a child is injured by or on something that is your duty to maintain then you do carry liability. You should have contracts with each agister and in the contract I would address liability issues and also requirement to not leave children unsupervised. Good luck.
Thank you. This is what I thought. As a health professional, I believe I can act to provide first aid and there is a statement in the contract that the parent would have signed to say an ambulance can be called in event of serious injury. I will talk with the owner re my concerns relating to unsupervised children.
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