Nanny accident - liability?

Hi

We employ a nanny to mind our two children in our own home. My insurance policy with Aviva appears to cover such employees.

Last week our nanny was out with the kids at a leisure centre and she tripped on some stairs while carrying our youngest daughter. Daughter bumped her head but nothing major but the nanny hurt her shoulder and is bruised.

Can anyone advise what the situation is here for me as an employer - am i responsible for any medical bills for the nanny, she mentioned she might need an x-ray.

She has not explicitly asked me to pay for this but i'd like to know where i stand should the subject arise.

many thanks

Does your insurance company know youv a nanny employed? I'm assuming you registered as employer and ye have a contact in place. As many policies cover domestic servant and two children childminding...in case childminding it's only inside the home and insurance company must know one is childminding and registered with revenue . I would feel it's the same for nanny only inside house.

There is nanny insurance package available through childminding Ireland, has she this. It could be worth purchasing it for future.

hi Sandals,

thanks for the response, yes, all above board with revenue and PRSI contributions etc.

my policy covers "any domestic employee carrying out any duty on (my) behalf" but as you state i believe this is only relevant inside the home, or presumably extends to garden also.

my query is because this is outside of the home on a private premises - i believe the insurance package you mention is for childminders minding children in their own home (as distint from nannies who mind in the parents home) - i.e. they are effectively self employed and providing a service at their own premises and should be insured as such

i suppose my question ultimately boils down to, if my nanny wants to make a claim (and at this stage i don't know if she does) would this be against me as her employer or against the leisure centres public liability policy? if this had happened to her 'in her own time' she would obvioulsy make a claim against the leisure centre for poor footpaths/steps whatever but does this change because she was 'on duty' as my employee?

thanks again

Against the leisure centre's public liability policy, if there was fault on their part. If she just tripped of her own misfortune she wont have a claim against anyone.

thanks peteb, that was my instinct with this, i just wanted some clarity should the discussion arise. to be honest, i think it was just misfortune and i suspect if i raised the issue of claiming against the centres PL she would quickly rethink

whether we offer to contribute to her x-ray cost would be more a gesture of goodwill and therefore a separate matter

Unfortunately no not your garden, in terms childminding anyway. Insurance companies are very clear it's inside your home (its why if uv external maintenance man etc they should have own insurance)

Also there is a separate nanny insurance policy now as opposed to tailored childminding policy for a registered childminder in her own home. Both offered through kidd insurance, see Childminding Ireland website. Most nannies will have it or ask family to pay it or at least contribute towards it....

You should post your question on rollercoaster.ie childcare professional section, there are both experienced, registered and insured nannies and childminders there as well as parents. Did you ring Aviva as their take on it would be of great interest.

You should post your question on rollercoaster.ie childcare professional section, there are both experienced, registered and insured nannies and childminders there as well as parents. Did you ring Aviva as their take on it would be of great interest.

thanks again for the advice Sandals - i'm going to see if the nanny raises the issue again and then see what happens

Whatever about the rights and wrongs and legal liability, if she is your nanny and you appreciate her, then why not pay the medical expenses yourself as a gesture of goodwill?

Your policy, at best, covers your legal liability and it is difficult to see, on what your have posted, how you would be legally liable for her fall in a third party property. As PeteB says, if there is a defect/deleterious matter on the stairs that caused her to fall,l then that could put liability on the property owner. Slips and falls are difficult cases to win, on either side!