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-mailWhat is the name of your state?

[BelizeBreeze]

Originally Posted by mississippigirl

I don't know if the mother should also be responsible for the accident...contributory negligence??

When I saw this statement I decided not to help you at all.

Consider why?

[CalifAtty.]

Responses have already been made, here: [url]http://forum.freeadvice.com/showthread.php?p=1360637#post1360637[/url]

Originally Posted by CalifAtty.

Responses have already been made, here: [url]http://forum.freeadvice.com/showthread.php?p=1360637#post1360637[/url]

She obviously didn't like the answer she got the first time around!

[Blue Meanie]

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-mailWhat is the name of your state?

This was indeed an accident...one caused by YOUR negligence. Not your daughters...YOURS! You were taking care of the children while your daughter was changing...they were in your care! YOU left the gate open with a small active child in your home, you then left said child ALONE while you went to another room to change the baby. You could have take the 3 year old with you to the other room...but you did not...now he dead. And you have the unmidigated gall to want to blame the mother? Are you mentally ill? Or are you just a heartless, cold bitch? The mother WARNED you that her child was very active and could be gone in a blink...and you still want to lay blame for this at her feet??
The fact that you have nothing is too bad....I wish you had a lot that the mother of that poor child, who will not get to grow up to be an honor student...will not get to grow up and go up and have a first day of school...will not get to grow up and have a girlfriend and go to prom...need I go on?? Do you get it now? YOUR neglience CAUSED the DEATH of a 3 year old boy!
You are a vile excuse of a human...I feel sorry for your daughter. I can only imagine what you say to her in regards to this...

As for your attorney...be damn glad that you have one at all...only a crappy one would even be stupid enough to take your case!

[You Are Guilty]

Wow, the OP's outpouring of remose is truly overwhelming.

[weenor]

Originally Posted by BelizeBreeze

When I saw this statement I decided not to help you at all.

Consider why?

OP just in case you can't take a hint- Mom wasn't there no contrib. and the child AS MATTER OF LAW was too young to be negligent. I hope you don't have any assets, but only for your sake...my sympathies are with his family.

[mississippigirl]

I call my atty. "poor" because as some atty's do...they try to find ways to lay blame elsewhere! I don't want to add anymore pain to anyone. I did not call the mother neglegent...he did! She was my best friend and I still love her dearly. We were side by side for weeks after the accident until a blood thirsty, money hungry atty. told her she could sue us. She came to me and and told me that she was going to sue the insurance company, but that she had to name me as well. And it was not out of any hatred or blame she had towards me. She loved me and my family. Nothing can bring this innocent child back and I would give my life if it would.

My daughter and my son are both dealing with their pain in their own ways....and I NEVER said or implied to my daughter that anything was her fault. I have a great relationship with my children and am very proud of them. The Lord took this child from us because he had a better plan for him. Maybe you won't see it that way, but I know that when my daughter told me God had a plan for us all and this was part of it, I knew that I was doing something right...raising good christian children.

I guess I was wrong to assume I could find any answers here...I should know that my answers will only come from The Lord...through my FAITH.

[ecmst12]

Well I don't think the lord is going to be giving you any legal advice...you should rely on your attorney for that.

The lord also isn't going to insure you against liability or loss, so I will take this opportunity again to say ALWAYS ALWAYS ALWAYS carry homeowners or renters insurance!!!!! Trust in god, but lock your door and carry insurance.

[weenor]

Originally Posted by mississippigirl

I call my atty. "poor" because as some atty's do...they try to find ways to lay blame elsewhere! I don't want to add anymore pain to anyone. I did not call the mother neglegent...he did! She was my best friend and I still love her dearly. We were side by side for weeks after the accident until a blood thirsty, money hungry atty. told her she could sue us. She came to me and and told me that she was going to sue the insurance company, but that she had to name me as well. And it was not out of any hatred or blame she had towards me. She loved me and my family. Nothing can bring this innocent child back and I would give my life if it would.

My daughter and my son are both dealing with their pain in their own ways....and I NEVER said or implied to my daughter that anything was her fault. I have a great relationship with my children and am very proud of them. The Lord took this child from us because he had a better plan for him. Maybe you won't see it that way, but I know that when my daughter told me God had a plan for us all and this was part of it, I knew that I was doing something right...raising good christian children.

I guess I was wrong to assume I could find any answers here...I should know that my answers will only come from The Lord...through my FAITH.

You got the correct legal answers.

[nextwife]

Originally Posted by mississippigirl

The Lord took this child from us because he had a better plan for him.

No, the Lord "took" this child because they were left unsupervised in an environment in which there was unlocked access to a drowning hazard.

Little ones rely on US to use the brains that the Lord gave us. Pools and hot tubs are KNOWN risks.