Q: Can an agency in Oregon providing a caregiver to an elderly and/or disabled person legally (as in it's in their contract
Release and assumption of risk: the company is expressly released of any alleged negligent or wrongful act by an caregiver.
How is this legal? How can an agency providing caregivers be absolved of any and all liability should something horrible happen while they are in my home? What if they cause a death? What if they steal? What if they cause bodily harm? What if they commit another crime while working in my home?
A:
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A.
Different states vary regarding the issue of signing waivers. Oregon law may vary, so please seek counsel or legal information as appropriate for your specific jurisdiction and court.
In CA, for example, waivers which attempt to “contract-around” negligence (ordinary) may be acceptable, however, it is fervently against CA public policy to have “blanket waivers”—ex: waivers that include GROSS negligence. Notably a higher standard of proof, although this likely defeats any assumption/risk waiver should any egregious conduct occur not reasonably foreseeable and which would not “chill” the encouragement of future participation in such event, among others.
In sum, waivers for negligence may be ok under your laws (seek counsel), however if gross negligence was in play and can be proven as a cause, you may still be able to defeat such waiver. You should seek advice asap as your statute of limitations on any claim may prevent you from bringing such action in the future.
Hope this helps.
Jason
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ML LAW, APC
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