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How to protect myself from a lawsuit against a domestic accident

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c1298

Junior Member
What is the name of your state? CA

I am in a tough situation here. My better half has invited her best friend to stay with us for a couple of weeks, while she is vacating her apartment and waiting for relocation help to arrive. Unbeknownst to bot h of us, this took a sudden turn for the worse. This person's child was going to come and help for the relocation and expectation was the help was only going to stay for a day or two in our house.
Now, this person decided to come a week earlier, probably leave later than we anticipated and there is a child with special needs in the picture, who is coming along to this trip.
This person, not my better half's best friend, is, I don't know how to put it more delicately than this but, has a ghetto personality and after making a quick buck in any way shape or form as never worked a day in life.
We are older and our house is not child proofed. I have dogs, which, under control, come in and out of the house, while the visiting child is extremely afraid of being touched by dogs and to some extent by humans that he doesn't know. Needless to say, there is a very high likelihood of this child hurting himself while on our property and I get to be sued for god knows what.
I respect my better half's judgement about inviting this friend to stay with us but the unexpected extensions to this invitation is becoming a tad too much.
There is no way to revert this invitation without seriously straining this relationship, or honestly speaking, ending it, in which case I am afraid of retaliation as I am not home for the most of the day. A "carelessly thrown" cigarette butt is what it all takes to burn my house down and I wouldn't put it past this person.

Is there a way that I can ask this person to sign a document that states, my house may present dangers to those staying inside, regardless of this person being a minor or being an adult, and regardless of the type of danger, except anything inflicted upon them intentionally by myself or my better half, that they promise not to sue me or my insurance companies in any way, shape or form ?

Types of things that I am afraid of being sued:

  • Someone falling and hurting themselves.
  • My dogs knocking them over and causing bodily harm
  • My dog's don't bite but but just in case they do, I do not want to get sued because I will not be around for most of the time they are in the house and animals are unpredictable creatures.
  • I have a pool, although fenced and locked, I do not want to get sued for anything someone doing like climbing the fence and getting into trouble in the pool.
  • I live in an area with a lot of apartments and transient people. So far it did not happen but if some altercation with someone outside takes place and one of these guests get hurt in any shape or form, I do not want it to go against me or my insurance.
Does such a document, if signed by the visitors, hold water in the court, if something like this happens and they decide to sue me ?
 


justalayman

Senior Member
Your waiver won’t do you much, if any, good. You are still obligated by law to keep your home free from hazards, especially given the invitee status of the guests.
 

adjusterjack

Senior Member
And what makes you think a low life (like you describe) is going to agree to sign anything like that?

If you can't prevail upon your "better half" to kick these people to the curb because you are afraid of what somebody might do, then I don't know what to tell you. All the laws and documents in the world won't help you.
 

xylene

Senior Member
Why don't you tell your wife that this not going to work and the invitation must be rescinded.

They have money for home renovation, they have money to stay at an extended stay hotel.

AND - you missed a point: They will be staying long enough to establish residency.

You are smart to see this is a big problem, but you are focusing on the minutia instead of the simple fact that this is too long of a stay and an inappropriate burden on your married life.
 

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