accidental drowning suit

[mississippigirl]

What is the name of your state? Mississippi

November 2005, my 13 year old daughter was hired to babysit both a 10 mo. old and 3 year old child of a friend. The children stayed the whole night as they often did. I was not at home that evening and returned very late. In the morning, I was preparing to go to my regular job and my daughter was to babysit again during the day. She decided she did not want to babysit and we were going to take the children back to the mother. While my daughter was getting dressed, I helped with the children. I had fed them both and went into another room to dress the infant. The 3 y old was watching television one minute and gone the next. He had exited the home to the backyard pool and spa area and drowned in the spa. He went out the back door which was direct access to the fenced area. The door had been locked earlier, however, I had unlocked it and let the dog out into the yard. The pool had no cover and was shut down for the winter. It was slightly green and merky with leaves and other debris.

I am now being sued for wrongful death and negligence. There is one unusual factor. I was not the homeowner. I had placed a contract on the home for purchase in March 2005, and was to pay rent until closing on or before 12/31/05. It was like a lease purchase. Due to the owner's failure to make repairs in the purchase contract and my failure to secure a loan any sooner, we did not close. I also failed to pay rent because of the accident and moved out in December.

The homeowner has also been named in the suit. I am certain he had insurance, but does not want to pay. He claims no fault. Stating that I was responsible. I was never told to secure insurance on the property or the pool and had been told by the realtor he wanted to close earlier to release him from anymore repairs and/or any liabilities.

I think I have a poor attorney, but can not afford anyone else. I was forced to close my business and moved from town. Sadly, I have been called many horrible things in this suit. I don't know if the mother should also be responsible for the accident...contributory negligence? My daughter was babysitting because the mother owned a bar. She was aware of the pool and had stated to me, as well as others, that the 3 y old was very active and would be gone in a second. My daughter is an honor student in a private school and has a reputation among area parents as a role model. She did nothing wrong. It was an accident. The plaintiff's atty. is also arguing that the child was in the pool and not the attached spa. Why would it matter? He was pulled from the spa by my older son and I performed CPR. 911 was called immediately and it was ruled an accident by the police.

Are there any other cases that I can compare? What are the responsibilities of the homeowner?

I have absolutely nothing for anyone to take. What can they do to me? A judgement from the insurance company?

Please help me. Everyone has hurt enough.

[email]southern30something@yahoo.com[/email] is my e-mail

[CalifAtty.]

Originally Posted by mississippigirl

What is the name of your state? Mississippi

November 2005, my 13 year old daughter was hired to babysit both a 10 mo. old and 3 year old child of a friend. The children stayed the whole night as they often did. I was not at home that evening and returned very late. In the morning, I was preparing to go to my regular job and my daughter was to babysit again during the day. She decided she did not want to babysit and we were going to take the children back to the mother. While my daughter was getting dressed, I helped with the children. I had fed them both and went into another room to dress the infant. The 3 y old was watching television one minute and gone the next. He had exited the home to the backyard pool and spa area and drowned in the spa. He went out the back door which was direct access to the fenced area. The door had been locked earlier, however, I had unlocked it and let the dog out into the yard. The pool had no cover and was shut down for the winter. It was slightly green and merky with leaves and other debris.

I am now being sued for wrongful death and negligence. There is one unusual factor. I was not the homeowner. I had placed a contract on the home for purchase in March 2005, and was to pay rent until closing on or before 12/31/05. It was like a lease purchase. Due to the owner's failure to make repairs in the purchase contract and my failure to secure a loan any sooner, we did not close. I also failed to pay rent because of the accident and moved out in December.

The homeowner has also been named in the suit. I am certain he had insurance, but does not want to pay. He claims no fault. Stating that I was responsible. I was never told to secure insurance on the property or the pool and had been told by the realtor he wanted to close earlier to release him from anymore repairs and/or any liabilities.

I think I have a poor attorney, but can not afford anyone else. I was forced to close my business and moved from town. Sadly, I have been called many horrible things in this suit. I don't know if the mother should also be responsible for the accident...contributory negligence? My daughter was babysitting because the mother owned a bar. She was aware of the pool and had stated to me, as well as others, that the 3 y old was very active and would be gone in a second. My daughter is an honor student in a private school and has a reputation among area parents as a role model. She did nothing wrong. It was an accident. The plaintiff's atty. is also arguing that the child was in the pool and not the attached spa. Why would it matter? He was pulled from the spa by my older son and I performed CPR. 911 was called immediately and it was ruled an accident by the police.

Are there any other cases that I can compare? What are the responsibilities of the homeowner?

I have absolutely nothing for anyone to take. What can they do to me? A judgement from the insurance company?

Please help me. Everyone has hurt enough.

[email]southern30something@yahoo.com[/email] is my e-mail

My response:

Who had possession and control of the premises at the time of the incident?

IAAL

[mississippigirl]

I had possession and control..I guess. I was to be renting, but had not yet paid November rent.

[CalifAtty.]

[quote=mississippigirl]


I had possession and control..I guess.

MY RESPONSE: Correct. Case closed. You lose.




I was to be renting, but had not yet paid November rent.

MY RESPONSE: Irrelevant.


IAAL

[weenor]

Originally Posted by mississippigirl

I had possession and control..I guess. I was to be renting, but had not yet paid November rent.

Whether you paid November rent is irrelevant, you were occupying the premises and not move out and returned the premises to the owner.

[stephenk]

if the house had homeowner's insurance coverage you and your daughter would be covered under the policy as tenants of the property. your attorney should be pushing for coverage under the policy. Have you received a denial of coverage letter from the carrier?