Foster Parents getting sued, is DCYF liable?

Question

We are being sued by our childrens bio grandfather and his wife.

When our daughter was first placed with us as a foster child her biograndfather and his wife were comming to our home for visits. DCYF arranged that they have her for a day visit. The day of the visit their was a snow storm. I said the roads ect would be icey and suggested they change the day. They insisted on comming.

They had pulled up beside my van and the passenger side was in the yard. The grandmother had fallen as she stepped into the passenger side. She is extreamly morbily obese. The could not stand up and an ambluance had to come.

A year later they choose to sue us. Their claim was denied and they were given the standard five grand. They are now suing us. Our insurance company only covers $500,000 and sugested we obtain our own lawyer because they my be suing for more that is covered.

I am wondering if DCYF is responsible for some of the liablity. They put us at this risk by aranging the visits.

Answer 1

Yes, they arranged the visit but the fact of the matter is that they chose to attend.  At the same time though, the argument can be made that you had a duty to ensure the driveway, walkway...what ever, was clear and safe to walk on.

From what you are saying though, they sued you once and lost?  Ad now they want to sue again?  If for no other reason then that I'd be speaking with a lawyer (remember, in most cases general one time only consults are free).  Their claim may be dubius at best since they have already lost once.

As for DCYF being liable in any way?  I can't really see it unless they arranged the visit at on the same day as the storm or something.  More then likely they arranged the visit some time before the visit date and therefore could not be reasonably expected to know it was going to snow that day.  

Take the adivse if your insurance company though and speak with a lawyer.  Then, and only then, will you know what to expect.

Answer 2

You really shouldn't be liable.  They shouldn't even be suing you.  However, since I don't know what the law says on this subject, I'm not a good person to give advice.  I'd talk to a lawyer about it.

Answer 3

This situation stinks.  If you ask me, they don't have a leg to stand on.

Chances are DCYF will run the other way and I doubt you will get any support from them.  

Get a lawyer and counter-sue them for your court costs and legal fees, based on the fact that when she fell she dented your yard and beautiful landscape because she is so large.  (ok, mean I know, but when people are so stupid to sue in a situation like this......)

Answer 4

No, DCYF is not obligated to shovel your yard for visitation.

These people shouldn't even be allowed to sue you.

Its like those slip and fall people in the supermarkets.

Get a good attorney, although I personally think they all suck because they are the reason why slime balls can sue in the first place.

Answer 5

More morons treating a lawsuit like a lottery... but for idiots!!!

You are NOT liable, however, that won't stop these takers for giving it the old college try. I would get a lawyer and make it known that you plan to counter sue for legal fees, court costs and time off work. It may get them to back off as they might be hoping that you will just settle... but don't!!!!!

I don't think DCYF is liable either. Hopefully a judge will laugh their big butts out of court.

Answer 6

are her medical bills over $550K? the fact that her claim was blown off and she got a $5K "pacifier" should be some indicator of what's going on.  Unless she raked up mongo medical bills, I don't think you have too much to worry about, but you may want to talk to one of those "free consultation" lawyers.

Answer 7

You probably should have cleared and/or treated the drive way, sidewalks, and any walking area that they'd be using, after the snow storm...  afterall,  you did know they were coming, even though you didn't want them to.  Could that have been a set-up to prove that you were right and they shouldn't have bothered you on a day that you didn't want them to see their grandchildren on?

(In my neighborhood, we have to make sure all walking areas are cleared within 24 hours of the actuall snow/ice falling.)