Is there any way to prevent someone from suing that got hurt on your property? HELP!

[gotaquestion123]

No. The trail ride example is a situation where the (some) state has legislated limits to liability for participation in the activity. Yet, an owner of a trail ride operation can still be successfully sued even though there a wavier was obtained and a state statute limiting liability. The wavier and statute raise the threshold of establishing liability but do not prevent a successful lawsuit.

You need to make sure what you planning is legal (to code) for your home because if it isn't, it won't matter how many waviers you obtain.
You also need to talk to your insurance company about your plans. Waviers won't stop suits and defending them is expensive (even if you 'win').

If one of your friends becomes permanently disabled, friendship goes out the window in favor of survival. A new wheelchair accessible van costs $50 to $60,000. Retrofitting a home (building a ramp, widening doors, roll-in shower, adaptive equipment in kitchen and bath) can run that much or more. Medical expenses are covered to a point--but if extensive rehab is needed, insurance may not cover that. Loss of earnings capacity, etc. Defending a suit in those circumstances will be expensive even if you win (and realize when you win, your friend loses. If you expect your friends not to sue you, accept the responsibility to have insurance to help them if they do get injured on your property).

If they have accidental health insurance coverage, why wouldn't their insurance pay? Wouldn't they pay 9 times out of 10? What if he tells his insurance he got hurt playing football in someone's back yard. I'm sure that happens fairly often and I am guessing the insurance covers it. People get stitches, break their bones etc. all the time....and insurance covers it.

 

[CJane]

If they have accidental health insurance coverage, why wouldn't their insurance pay? Wouldn't they pay 9 times out of 10? What if he tells his insurance he got hurt playing football in someone's back yard. I'm sure that happens fairly often and I am guessing the insurance covers it. People get stitches, break their bones etc. all the time....and insurance covers it.

First of all, he'd be lying.

Second of all, the point isn't whether or not his insurance would pay for his initial injuries. The point is, what if his injuries are SO severe that his insurance pays out and he's still not "made whole"? Or he reaches his cap?

What if he dies from his injuries?

What if he lies to YOU and says he has health insurance and doesn't? Then your homeowner's insurance will be expected to cover his potentially life long injuries/treatment/therapy.

There are a trillion what ifs involved. And at the end of the day, you're looking for protection from a lawsuit - and there is NO protection against being sued, only defenses. OS told you already, but you need to understand - even if you win a lawsuit, it will cost you. Perhaps 'just' a friendship, perhaps a lot of money, perhaps everything.

If someone comes into my yard without permission, and tries to break into my house and my mastiff bites them (or my beagle, or my collie for that matter) and they're injured, they can sue me. Do I have a defense? Of course. Several defenses. But it's going to cost me to present them, and I may not win my case.

You need to do a little more cost/benefit analysis and a little less attempting to CYA.

 

[gotaquestion123]

First of all, he'd be lying.

Second of all, the point isn't whether or not his insurance would pay for his initial injuries. The point is, what if his injuries are SO severe that his insurance pays out and he's still not "made whole"? Or he reaches his cap?

What if he dies from his injuries?

What if he lies to YOU and says he has health insurance and doesn't? Then your homeowner's insurance will be expected to cover his potentially life long injuries/treatment/therapy.

There are a trillion what ifs involved. And at the end of the day, you're looking for protection from a lawsuit - and there is NO protection against being sued, only defenses. OS told you already, but you need to understand - even if you win a lawsuit, it will cost you. Perhaps 'just' a friendship, perhaps a lot of money, perhaps everything.

If someone comes into my yard without permission, and tries to break into my house and my mastiff bites them (or my beagle, or my collie for that matter) and they're injured, they can sue me. Do I have a defense? Of course. Several defenses. But it's going to cost me to present them, and I may not win my case.

You need to do a little more cost/benefit analysis and a little less attempting to CYA.

I would only be letting 3 people besides myself use the equipment and I would require proof of insurance from everyone AND have a waiver signed.

I guess there are a trillion what ifs involved in everything. Someone skateboarding in my driveway, playing football in my yard, jumping on a trampoline etc. **** happens and people get injured sometimes. Insurance should cover it. Of course there is always worst case scenario, but it's not the most common scenario.

Best case scenario is, no one gets hurt. Next best case scenario is someone gets injured, their insurance pays for it and all is well.

 

[ecmst12]

Your homeowner's insurance will cover you if you get sued - as long as you tell them about the situation and they charge your policy accordingly.

In the end, a gym membership will likely be cheaper.

 

[cbg]

And what if someone has their own health insurance and the health insurance pays for the claim and then the person turns around and sues you anyway?

 

[gotaquestion123]

And what if someone has their own health insurance and the health insurance pays for the claim and then the person turns around and sues you anyway?

Like I said, there would only be 3 other people using it. I would not let anyone I didn't trust anywhere near it. The 3 people being my brother, my cousin and my best friend.

 

[gotaquestion123]

Your homeowner's insurance will cover you if you get sued - as long as you tell them about the situation and they charge your policy accordingly.

In the end, a gym membership will likely be cheaper.

I actually asked my homeowner's insurance yesterday about it...and they said it would be covered under my current policy.

 

[ecmst12]

Then you're fine. I'm sure if your best friend had an accident and got paralyzed from the waist down, you wouldn't mind your insurance helping to cover the huge expenses he will be faced with.

 

[gotaquestion123]

Also, I forgot to mention this...I would be splitting the cost with 2 of the other people who would be using it. So, I'd be 1/3 owner, we would just be keeping it at my house as it is the most convenient place for it. Does this make any difference??

 

[ecmst12]

Not even a little bit.

 

[gotaquestion123]

I got another question I forgot to ask. If I get this ring, I have some people that want to rent it from me. They would NOT be using it on my property, but rather their property. I would either deliver or they would pick it up.

Is there any way I can be held responsible for anything that happens to them while using the ring on THEIR property?

Also, do I need insurance on it or anything? I would think not since it wouldn't be on my property at the time...

Thanks!!!

 

[ecmst12]

It IS your property even if it's not ON your property, so there's still a possibility that you could be liable. Not only that but the chances that your HO insurance will cover you in that situation goes way down.

 

[CJane]

It IS your property even if it's not ON your property, so there's still a possibility that you could be liable. Not only that but the chances that your HO insurance will cover you in that situation goes way down.

Ya know, pretty soon he's gonna remember that he forgot that he never intended to buy it OR use it anyway, he's just gonna store it for some other people, in his yard, and have nothing to do with it otherwise.

 

[gotaquestion123]

It IS your property even if it's not ON your property, so there's still a possibility that you could be liable. Not only that but the chances that your HO insurance will cover you in that situation goes way down.

But that kind of contradicts the other question I asked you, doesn't it? It wouldn't be entirely mine. It would be the property of 2 other people as much as mine. You said it didn't matter if it was their property too, it was on my lawn.

Now you say it doesn't matter if it is on someone else's property, it's still mine and I could be liable.

Wouldn't that mean that, even if it's on my property, the other 1/3 owners could be liable because it is their property and they own it?

Way too many what ifs. Man, I was just looking to have a good time. Looks like it may not be worth it after all. Damn the world and greedy people.

 

[cbg]

You're the one who keeps saying, oh, but they're my friends, they won't sue me. If you're right, you've got nothing to worry about.

But you asked what COULD happen and that's what we're telling you. You COULD be held liable.