Co-authored by Alexia Donis, Summer Law Student
We often hear the phrase “blood is thicker than
water." As a society, we honour family relationships with
esteem and attribute essential child-rearing responsibilities to
parents or legal guardians. Failure to do so can be seen as
negligence.
But what happens when the child is grown, and an injury occurs
in the family home?
This blog post will outline the obstacles that accompany
intra-household lawsuits, and ultimately, who is eligible to make a
claim for negligence.
The Family Exclusion Clause Complication
It is now commonplace for homeowner and renter insurance
policies to contain an indemnity limitation known as a
“family exclusion clause”.” These clauses
effectively bar actions for bodily injury against those living in
the same household. An exception may be found where the claimant is
a residence employee, such as a nanny. However, simply carrying out
household chores does not qualify as "employment".
