Would I be at fault civilly because a neighbors kids drowned?

[SammiG]

What is the name of your state? This happened in California

It's kind of confusing on what exactly happened because I was not fully awake when it happened. So I was at a relatives house for a bbq/pool party a few weeks ago. I had a couple hard seltzers (I'm a light weight) an was tired from swimming so I went to lay down on a sun lounge chair that was next to and facing the pool. Most of the other adults were behind me under the awning by the house. I got drowsy in the sun and started falling asleep. I could kind of tell people were moving around and some people were coming and going from the pool area, but I wasn't really paying attention. At one point one of the kids comes up and asks me and asks "Sammi are you staying there?". I remember replying back "yeah", but that's it. Then I must have fully fallen asleep, but I don't know for how long.

The next thing I knew though I woke up to screaming and people jumping into the pool and an ambulance was called because a kid drowned. At some point I guess all the adults and then later all the other kids had left leaving this kid alone. He didn't die, but has brain damage. I am not close with this child or his family at all. He is actually just a neighbor of my relatives. The only reason I know is because that dad cursed me out online and said his kid has fucking brain damage because I fucking fell asleep even though I was supposed to be watching them. They just assumed I already was and would be continuing to because I was facing them on the lounge chair, but I had glasses on so they couldn't see that my eyes were closed.

Now the police already said I wasn't at fault and they weren't going to press charges against me because none of the adults actually ever asked me to watch the kids. They just had one of the kids ask me and he went to tell them I said yes to watching them when I just said yeah. Still the dad is saying he is going to sue me for everything I have and make my life hell, so I'm kind of stressed all over again. I kind of thought or hoped this was all over.

 

[zddoodah]

I was supposed to be watching them.

none of the adults actually ever asked me to watch the kids.

Please explain these seemingly conflicting statements.

the dad is saying he is going to sue me for everything I have and make my life hell

What is "everything [you] have"? What's your net worth?

Do you have homeowner's or renter's insurance? If so, you should put your insurer on notice of this potential claim.

 

[SammiG]

I was supposed to be watching them.

none of the adults actually ever asked me to watch the kids.

Please explain these seemingly conflicting statements.

the dad is saying he is going to sue me for everything I have and make my life hell

What is "everything [you] have"? What's your net worth?

Do you have homeowner's or renter's insurance? If so, you should put your insurer on notice of this potential claim.

That's just what he said. That I was supposed to be watching them even though no one actually asked me to.

I still live with my parents so I don't have either, but I have almost $250 k saved across all my accounts and a car that's worth about $30k. Also this didn't happen at my parents house. It happened at my dads cousins and his wife's house.

 

[adjusterjack]

I still live with my parents so I don't have either,

Yes you do. As a member of their household you are defined as an insured under there liability insurance (either renters or homeowners). You have to tell them this and notify their insurance of the potential claim. Do it now so the insurer can investigate promptly.

I have almost $250 k saved across all my accounts

Don't ever volunteer that information. A smart lawyer may find it but that's his job not yours.

Also this didn't happen at my parents house. It happened at my dads cousins and his wife's house.

The liability insurance covers you anywhere.

That's just what he said. That I was supposed to be watching them even though no one actually asked me to.

Don't talk to those people at all. Notify your parents' insurer and follow the insurer's instructions.

 

[not2cleverRed]

Parent and former lifeguard here.

The property owner is responsible for making sure that their pool is not an attractive nuisance, and that they further limit their liability by making sure that there is a responsible SOBER adult keeping track of children and non-swimmers. Unless the property owner has hired a lifeguard, the owner should require that the parent/guardian of a child watch after their own kid in the water.

A parent bringing their child to a swimming area (pool or beach) is responsible for making sure that someone capable is watching their kid in the water... like, a lifeguard on duty.

You are not the property owner. You are not the parent of the kid. You were not the host of the party. You were not there to be a lifeguard - and if someone thought some tipsy stranger should be the designated water baby sitter without the tipsy stranger knowing it... well, that's bad parenting.

Can the dad try to sue you? Yes. But that's lazy irresponsible dad projecting.

Breath. Your dad's cousin, legally, has a greater responsibility as the pool owner and party host, and has deeper pockets (and hopefully insurance).

 

[zddoodah]

That's just what he said. That I was supposed to be watching them even though no one actually asked me to.

Then there's no basis for liability.

But adjusterjack's comments are why I asked about insurance. If your parents have homeowner's insurance, then you are covered under the policy and should put the insurer on notice of the potential claim.