Q: Is a paid babysitter or housekeeper considered a shomer chinam or shomer sachar on household items?

A: There is a dispute whether a person who is paid for his or her service or labor becomes a shomer sachar for household items on account of this. Some differentiate between a person who is paid to perform a specific service and one who is paid to perform all kinds of services. Regardless, a babysitter or housekeeper is not even considered a shomer chinam on items that are not in his or her jurisdiction (Pischei Choshen, Pikadon 1:[16,17]; Aruch Hashulchan 303:4).

Thus, a babysitter would not be a shomer sachar on household items, except for those related to the children’s care. A housekeeper would be considered a shomer sachar on most household items. Nonetheless, the practice is not to be particular over small losses, unless the babysitter or housekeeper was grossly negligent (Pischei Teshuvah, C.M. 331:1; Aruch Hashulchan 331:7).

The babysitter is responsible, however, for the welfare of the children entrusted to her care. She is also responsible to ensure that the children do not cause damage or loss to others (see Nesivos 95:6; C.M. 390:12; P.C., Pikadon 1:[49]).