Liable for elderly "roomate" injury?

[crystaldroddy]

Due to economic reasons my boyfriend, our child, my son from a previous marriage and I had to move back in with my boyfriend's father and stepmother - "Sr" and "Cathy." A few weeks ago, Cathy also moved in her mother, "Lucinda", because she can no longer live alone for safety reasons. Since arriving, Lucinda has already fallen several times, is prone to delusions, often suffers from hallucinations and I recently came home to find her alone in the house, standing in the kitchen, "peeling" bananas with a screwdriver so she could "put them in the mailbox for safekeeping." Sr. and Cathy are either in denial about the severity of her mothers situation or have chosen to ignore it. Whenever I try to bring up the issue I am told that her care is not my concern, I have no responsibility for her or her safety and I should stay out of it.

My question is this: Can/Will I be held legally liable for damages (personal or property) if she falls and injures herself, sets the house on fire, etc. if I am the only one home or just in general for not reporting the "environment" to Adult Protective Services, since I am a competent adult living in the home? (The kids now sleep in our room in case she wanders in the night, I have installed hidden smoke detectors around the house and the kids and I generally try not to be home at all unless my boyfriend is home also. It goes without saying that we are trying to secure other living arrangements ASAP.)

 

[NY_Shark]

It would have to be some pretty egregious stuff going on for you to be liable for not reporting anything. Even if a suit were to come up, the plaintiff's attorney wouldn't sue you.

Here's why: let's say you and the homeowner are held joint and severally liable. Then you owed 50 thousand bucks and so did the homeowner. The homeowner's insurance is going to pay the damages, but you don't have any money. The plaintiff gets half of what she was awarded. On the other hand, if the plaintiff sued the homeowner exclusively (or more accurately the homeowner's insurance company), then plaintiff will fully recover.

Short answer, I wouldn't worry about it. Even if you had a duty to report this which you probably don't, lawyers go for the deep pockets, which, thanks to the fumbling economy, are not yours.

 

[jharris352]

I rather agree with NY on this one. No one is going to sue you when there is homeowner's insurance to go after. Besides, she is not living in YOUR house she is living in their house. If anyone has a duty of care it is them and THEY specifically told you to stay out of it.

That having been said, if you find the old lady on the floor having a seizure, call 911. If you see her climbing a ladder, stop her and call Sr, Cathy or call 911. Even then I wouldn't worry about liability. They, Sr. and Cathy, took her into them home she is THEIR liability.