Professional Malpractice Catch 22 when tutoring for free?

A

Asker

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Pennsylvania
I'm perhaps in a catch-22 regarding errors and omissions. I want to provide tutoring for financially disadvantaged high school students. I want to provide this tutoring for free. I run no business or charity for this. Only personal. Just want to help in my community.

My personal homeowner's insurance will cover physical liability, since it's personal, but NOT errors and omissions. But, I'm not working as a business so can't get business errors and omissions.

How do I get protected against errors and omissions if I'm NOT doing this professionally (a business or charity)?

Thanks!
 
Asker said:
I'm perhaps in a catch-22 regarding errors and omissions. I want to provide tutoring for financially disadvantaged high school students. I want to provide this tutoring for free. I run no business or charity for this. Only personal. Just want to help in my community.

My personal homeowner's insurance will cover physical liability, since it's personal, but NOT errors and omissions. But, I'm not working as a business so can't get business errors and omissions.

How do I get protected against errors and omissions if I'm NOT doing this professionally (a business or charity)?

Thanks!
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Call your insurance company.
 
Honestly, I have a hard time figuring out why a person who provides tutoring for free would want or need E&O coverage. While it is, of course, true that anyone can sue anyone for anything, this seems like quite a stretch.
 
If you are truly concerned, then the best bet, in this situation, may be some sort of waiver to be signed by the student.
 
Asker said:
How do I get protected against errors and omissions if I'm NOT doing this professionally (a business or charity)?
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Something else you must investigate.

If you plan to tutor MINORS, it isn't unusual that sexual molestation or pedophile related abuses might be used to smear you.

It might be wise NOT to conduct your tutorials in your home.

You could start by contacting local school boards in the vicinity of your home. Many school districts seek volunteers to do PRECISELY what you indicate you desire to do, VOLUNTEER to tutor/mentor students.

Most of those school districts will offer volunteers background checks, along with an area in a school where tutoring can occur.

It can't hurt to investigate if such is the case in your community.
 
Where the tutoring takes place is of zero relevance to things that would be covered by an E&O policy. The waiver suggested by "Zigner" is the only practical route here (but even that's probably overkill).
 
zddoodah said:
Honestly, I have a hard time figuring out why a person who provides tutoring for free would want or need E&O coverage. While it is, of course, true that anyone can sue anyone for anything, this seems like quite a stretch.
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I'm just trying to be careful. Anyone can sue for anything. I'd hate to have to pay for court+attorney for something silly. It could be made into a big deal? Parent says their child didn't get into the college of choice because of me -- whatever. I don't even know what my max liability would be.
 
adjusterjack said:
When you fear the risk of doing something, don't do it.
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Excellent comment! For example, without liability insurance I would fear the risk of driving and would be terrified to drive one foot anywhere.

That's why I'm asking. I want to know how to protect myself against the liabilities of providing tutoring for free.

Furthermore, I don't know how severe the liabilities could be? Are we talking about a $250 small claims thing?

Or are we talking about a multi-million $ lawsuit because someone's baby didn't get into Yale? Silly? Of course. Yet, has anyone here heard about Pearson vs Chung? Pearson v. Chung - Wikipedia

Can anyone help?
 
Asker said:
I'm just trying to be careful. Anyone can sue for anything. I'd hate to have to pay for court+attorney for something silly. It could be made into a big deal? Parent says their child didn't get into the college of choice because of me -- whatever. I don't even know what my max liability would be.
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I'm fully aware that anyone can sue anyone for anything. However, a lawsuit filed by a student (or the parent of a student who is still a minor) based on the student not getting into his/her college of choice because of tutoring would be dismissed at the pleading stage (and could result in sanctions).

Regardless, as I noted earlier, obtaining E&O coverage for free tutoring is, at best, impractical, and the waiver suggested by "Zigner" is the only practical option here.

adjusterjack said:
When you fear the risk of doing something, don't do it.
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Yup. If you're genuinely concerned about the unlikely possibility of a frivolous lawsuit being filed, you simply shouldn't do this.

Asker said:
has anyone here heard about Pearson vs Chung?
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Yes, and as the Wikipedia article states, it "has been held as an example of frivolous litigation and the need for tort reform in the United States," and the plaintiff "was widely ridiculed in the press," was suspended from the practice of law, and lost his job as an administrative law judge. It's also worth noting that, while the plaintiff demanded an absurd amount of money in damages, his claim was legally meritorious, so it's not a good analogy to your situation.
 
zddoodah said:
I'm fully aware that anyone can sue anyone for anything. However, a lawsuit filed by a student (or the parent of a student who is still a minor) based on the student not getting into his/her college of choice because of tutoring would be dismissed at the pleading stage (and could result in sanctions).

Regardless, as I noted earlier, obtaining E&O coverage for free tutoring is, at best, impractical, and the waiver suggested by "Zigner" is the only practical option here.



Yup. If you're genuinely concerned about the unlikely possibility of a frivolous lawsuit being filed, you simply shouldn't do this.



Yes, and as the Wikipedia article states, it "has been held as an example of frivolous litigation and the need for tort reform in the United States," and the plaintiff "was widely ridiculed in the press," was suspended from the practice of law, and lost his job as an administrative law judge. It's also worth noting that, while the plaintiff demanded an absurd amount of money in damages, his claim was legally meritorious, so it's not a good analogy to your situation.
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Thank you for your valuable time to help me with all of this. Awesome reply. And thanks to everyone else, too!!! Much appreciated! I will look into "Zigner's" waver. Thanks again, everyone!!!
 
doucar said:
Just don't advertise "you can raise your SAT/ACT score if I tutor you", or something you cannot guarantee.
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Thank you for bringing this to my attention. I am aware of the potential sensitivity around this issue and, with your warning, I realize that I may have inadvertently used language that could have alluded to such claims. I am grateful for your reminder and will be mindful. I have no intention of selling anything, so it's not worth taking any unnecessary risks. Your point is super important and I appreciate you making it. Thank you!

Feb 27, Monday. New questions.

Does anyone know where I can obtain a cheap or free waiver for personal use in providing free tutoring to financially disadvantaged high school students? I am acting as a person; I'm not running a business or a charity.

I have tried contacting a couple of attorneys through their websites, but they have not responded. I have also searched online but have only found waivers specifically tailored for organizations.

Thanks for any help.

By the way, this is what I attempted. Have no idea how bad it is?

As a parent or legal guardian of a student who will receive free math and science coaching services from the undersigned individual ("Coach"), it is important to understand the potential risks and responsibilities involved. By signing this disclaimer, you acknowledge and agree to the following terms:

No guarantees of academic performance: While the Coach will use his or her best efforts to help the student achieve academic success, there is no guarantee that the student's academic performance will improve.
No liability for damages or injuries: The Coach is not responsible for any damages or injuries that may occur as a result of the coaching sessions. The parent or legal guardian assumes all risks associated with the coaching sessions.
Confidentiality: The Coach agrees to keep all information related to the student confidential and not share it with any third party without the express consent of the parent or legal guardian.
Termination of services: Either party may terminate the coaching services at any time for any reason.
No employment relationship: The Coach is not an employee of the parent or legal guardian and will not be working as a business or charity.
Assumption of risk: The parent or legal guardian understands and acknowledges that coaching involves inherent risks and assumes all risks associated with the coaching sessions.
Indemnification: The parent or legal guardian agrees to indemnify and hold the Coach harmless from any and all claims, liabilities, damages, and expenses arising out of the coaching services.
By signing this disclaimer, the parent or legal guardian agrees to the terms and conditions outlined above and acknowledges that he or she has read and understood them.
 

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