Being sued by childs parents for pill ingestion

[Alexgarcia76]

What is the name of your state California (only U.S. law)?

On May 4th 2013 I let some friends who came in from Las Vegas Nevada Borrow my home for a baptism party. I rented chairs tables, cooked the food for them and made sure everything was pleasant for them.

During the party one of there children of age 4 was left unattended by both parents and took some of my medication that i take for hypertension. And had to be taken to the hospital.

Now i am being sued by the parents and child but my Home owners insurance doesnt want to cover that they advice me to get an attorney. they say the parent is also at fault for not watching his children.

what can i do? can i counter suit for stress or attorney fees? what are my options?

 

[OHRoadwarrior]

What are they suing you for? They were more negligent than you. Did you receive any money for allowing them to use the property or was it all "borrow"?

 

[Silverplum]

What is the name of your state California (only U.S. law)?

On May 4th 2013 I let some friends who came in from Las Vegas Nevada Borrow my home for a baptism party. I rented chairs tables, cooked the food for them and made sure everything was pleasant for them.

During the party one of there children of age 4 was left unattended by both parents and took some of my medication that i take for hypertension. And had to be taken to the hospital.

Now i am being sued by the parents and child but my Home owners insurance doesnt want to cover that they advice me to get an attorney. they say the parent is also at fault for not watching his children.

what can i do? can i counter suit for stress or attorney fees? what are my options?

Whether or not the insurance doesn't WANT to cover you is not one of their options. What exactly does your policy state on the issue of liability?

 

[Zigner]

It doesn't make sense that your HO insurance won't defend. The "defense" is that the child should have been supervised by the parents.

 

[tranquility]

While CA is a pure negligence landowner liability state, the duties still flow from common law.

More facts would be needed. Like OHRoadwarrior, I'd like to know the conditions under which the home was borrowed. Also, the storage of the pills may be relevant as well.

Finally, I'd like to know why the insurance company declined to defend. They have to give a written reason within a certain amount of time. I suspect it is because the OP has some facts that indicate the home usage was paid for in some way, possibly changing the status of a homeowner under the policy.