A kid drowned in the pool at our rental. How screwed are we?

[Zigner]

I think the homeowner’s failure to have a secured pool will play a big role in any lawsuit the parents of the child decide to pursue.

To be fair, we don't know that the pool wasn't properly secured. Even assuming it's been installed or remodeled since the law came into effect, it's quite possible that there are safeguards in place that would meet the requirements of the law.

 

[quincy]

To be fair, we don't know that the pool wasn't properly secured. Even assuming it's been installed or remodeled since the law came into effect, it's quite possible that there are safeguards in place that would meet the requirements of the law.

We were told there is no pool fence but, sure. We don’t know what other pool safeguards are in place.

Because we don’t know more than we do know, we can go back to not2cleverRed’s post number 7. “It depends” is probably going to be the best answer anyone on this forum can give.

 

[auntphibian]

What is the name of your state? We live in Illinois, but the that’s not where this happened. The rental was in California.


It was a week long Airbnb rental. Is this on us because we rented the place, on the homeowner, or on the kids parents? The place doesn’t have a pool fence and the kid was outside alone when it happened. What’s the likelihood we’ll be sued and if we are what the likelihood we would lose? What like how much could they get from me? We don’t have much in savings, but we own the house we live in and now I’m freaking out that we’re going to lose it.

I'd talk to my friends that if they sue the AirBNB you will be witnesses on their side. See if they plan on including you, they shouldn't.
The parents have some fault for not watching their child. Could have had many accidents in that case. If the homeowner is nit up to code, the blame should lay in their lap. So, you found the place. If you told your friends there was a pool and they saw pics of the pool with no fencing, they were aware of the situation before going.

 

[quincy]

I'd talk to my friends that if they sue the AirBNB you will be witnesses on their side. See if they plan on including you, they shouldn't.
The parents have some fault for not watching their child. Could have had many accidents in that case. If the homeowner is nit up to code, the blame should lay in their lap. So, you found the place. If you told your friends there was a pool and they saw pics of the pool with no fencing, they were aware of the situation before going.

I would caution against saying much of anything to anyone about the accident (other than one’s own attorney) - especially the parents of the child - while there is a lawsuit being considered. Dayanara is likely to be named in any lawsuit, whether liability can be proved or not, and whatever Dayanara says to the parents of the child potentially could be used against her in a legal action.

 

[cbg]

I would also caution about reopening threads that have been dead since June.

 

[quincy]

I would also caution about reopening threads that have been dead since June.

That, too.

 

[zddoodah]

I'd talk to my friends that if they sue the AirBNB you will be witnesses on their side.

What do you think this means? "Witnesses on their side"?

Also, why are you resurrecting this thread that's been dormant for 2 1/2 months? The OP likely got what he/she came for.

 

[quincy]

Thread-resurrection is an unfortunate result of threads on this forum not being locked in a timely manner (or ever ).

Dayanara posted her thread on June 9, however, so it is not quite 3-months old. Responses now are probably not all that helpful to Dayanara but the response by auntphibian is certainly not the worst necropost we’ve ever seen.

And it is entirely possible that Dayanara will return with an update.