Slip and fell while in a drained pool and died.

[babycakes]

What is the name of your state? California

My husband was removing his pool equipment from a customers pool when he slipped and fell while in the pool and died. Cause of death was cranialcervical sprian. What are my legal rights?

 

[rmet4nzkx]

What is the name of your state? California

My husband was removing his pool equipment from a customers pool when he slipped and fell while in the pool and died. Cause of death was cranialcervical sprian. What are my legal rights?

I'm sorry for your loss.
Was your husband an employee or an indepent contractor? Was there worker's comp insurance? Who's fault was the accident? How old was he? How old are your? Do you have any minor children?

 

[babycakes]

Self employed, no worker's comp, fault of accident never determined, he was 53 years old and I was 49 yrs old, no minor children.

 

[msmarie]

You most definetly need to consult with an attorney. This is horrible to have happened to someone at such a young age, Did the homeowner's have insurance or the company he worked for. I would of called someone by now about this. Please do and let me know. Msmarie

 

[JETX]

What are my legal rights?

Contrary to the 'warm fuzzy' posts by 'msmarie'... your 'LEGAL rights' are:
1) To file a life insurance claim with your husbands life insurance carrier (if he had one), and
2) To talk with a local probate attorney to evaluate what process is appropriate to probate his estate.

There is NOTHING in your post to even hint at any liability by anyone, including the property where he was working.

 

[Carl Switzer]

My response:

Since it sounds like your husband was a "pool maintenance" person, in the scope of his work, then you have no claim. Your husband accepted the risk by doing this type of work.

Veterinarians accept the risk if they're bitten, and firemen accept the risk if they are burned or die in a fire. Same thing.

IAAL

 

[panzertanker]

firemen accept the risk if they are burned or die in a fire. Same thing.

IAAL

Except that in the case of arson, the offender can be charged with murder if the fireman dies in the fire....but your husband didn't have any hazzards placed in the pool that places responsibility on anyone, did he???

 

[Carl Switzer]

Except that in the case of arson, the offender can be charged with murder if the fireman dies in the fire....

MY RESPONSE: What???? No one said that this this writer's husband was pushed into the pool. No one said that any of the risks were made greater than those normally present. So, what's your point?



but your husband didn't have any hazzards placed in the pool that places responsibility on anyone, did he???

MY RESPONSE: You're talking about a third party "increasing the risk". No one mentioned anything like that on this thread.

From the little bit of information that we DO have, this writer's husband "accepted a known risk."

IAAL

 

[panzertanker]

From the little bit of information that we DO have, this writer's husband "accepted a known risk."

IAAL

That WAS my point...
There was nothing/no one to blame but the guy's own inability to keep from tripping over his own 2 feet...

 

[msmarie]

If I had anyone working on anything at my home especially with regards to my pool I would make sure they were licensed and insured, but I understood that if someone got hurt regardless how it happened your home owner's insurance would have to pay or the homeowner could be sued, True the homeowner did not cause the fall but why do we carry insurance especially liability insurance for these kind of things. Someone can sue you if they fall on your property and break their leg or neck so why wouldnt this be covered under the homeowners insurance company. First of all its sad this women lost her young husband at the age of 53 years old because of this. I feel bad for her, he was so young. Let me know what your take is on the homeowner's insurance and I believe he was self employed so he wasnt with any company who would carry workmans comp. Such a shame.

 

[rmet4nzkx]

If I had anyone working on anything at my home especially with regards to my pool I would make sure they were licensed and insured, but I understood that if someone got hurt regardless how it happened your home owner's insurance would have to pay or the homeowner could be sued, True the homeowner did not cause the fall but why do we carry insurance especially liability insurance for these kind of things. Someone can sue you if they fall on your property and break their leg or neck so why wouldnt this be covered under the homeowners insurance company. First of all its sad this women lost her young husband at the age of 53 years old because of this. I feel bad for her, he was so young. Let me know what your take is on the homeowner's insurance and I believe he was self employed so he wasnt with any company who would carry workmans comp. Such a shame.

Unfortunately OP's husband was self employed and chose not to get worker's compensaiton insurance nor any other type of insurance. WORKERS' COMPENSATION BASICS The California workers' compensation system
http://www.dir.ca.gov/dwc/basics.htm

 

[JETX]

I understood that if someone got hurt regardless how it happened your home owner's insurance would have to pay or the homeowner could be sued,

And you are correct. After all, anyone can sue almost anyone else. However, your assumption that the 'right to sue' would somehow mean you have a case is false. A critical element of a lawsuit is that the other party must be found somehow liable for the injury/damage. There is nothing in the original post to even suggest that the other party (property owner) was negligent or malicious. And without that, the OP has no case against them.

True the homeowner did not cause the fall but why do we carry insurance especially liability insurance for these kind of things.

The KEY word there is liability.

liability
n. one of the most significant words in the field of law, liability means legal responsibility for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him/her/it open to a lawsuit for any resulting damages or a court order to perform (as in a breach of contract or violation of statute). In order to win a lawsuit the suing party (plaintiff) must prove the legal liability of the defendant if the plaintiff's allegations are shown to be true. This requires evidence of the duty to act, the failure to fulfill that duty and the connection (proximate cause) of that failure to some injury or harm to the plaintiff.

Someone can sue you if they fall on your property and break their leg or neck so why wouldnt this be covered under the homeowners insurance company.

Again, the OP can certainly sue the pool owner. But absent any PROOF of liability.... has no case against them.

 

[JETX]

Unfortunately OP's husband was self employed and chose not to get worker's compensaiton insurance nor any other type of insurance. WORKERS' COMPENSATION BASICS The California workers' compensation system
http://www.dir.ca.gov/dwc/basics.htm

Your post is worthless. Workers compensation has NOTHING to do with a self-employed individual.
And a self-employed has NO choice of workmens compensation coverage for themselves.

 

[HomeGuru]

I agree with JETX.
Is there a contractor's license needed for the type of work? And did the worker have one.
The homeowner's insurance may need to get busy.

 

[JETX]

The homeowner's insurance may need to get busy.

HG, you lost me with that one.... why do you say that the homeowners insurance needs to 'get busy'???
There is NOTHING in this thread to even suggest the homeowner has liability... much less to involve their insurance coverage.