Q: is a California hoa responsible for wrongful death? An elderly man died in our HOA hot tub. The clubhouse attendant who
is paid until 10 pm daily and closes up the cabana and bathrooms. The attendant came to the hot tub at 9:54 pm. She said the 81 year old was exposed and left him in the hot tub. Even though he had his cane showing. i know him well and know he would have exposed himself.
The autopsy shows he died at midnight, 2 hours after the clubhouse attendant, left him in there. Would you consider this negligence and wrongful death. My retired HOA attorney, said it's wrongful death, however, he doesn't want to pursue because, he moved to reno and we live in a huge, 417 unit HOA in cupertino
A: I don't know what "was exposed" means. He was naked? What does his "cane showing" mean? Why does any of that suggest that the attendant knew or should have known that the 81 year old was at risk of death?
Whether any of this adds up to wrongful death depends on a lot of factors that cannot be fully discussed on Justia. If you are interested in helping the family of the deceased, they need to consult with a knowledgeable wrongful death attorney. If you are interested in whether your HOA is going to have to pay, then you should make sue that the HOA's insurer is notified of the potential claim, and make sure that your HOA cooperates in its defense.
A: more info needed. How exposed was he?
the HOA could have "some" exposure....but certainly not 100%
as one gets older they are not supposed to spend much time in a hot tub.
he probably should have engaged the gent.
what city did this happen in? You need to contact a PI/Wrongful Death attorney for that city?
contact me and i will give you some names...........firstname.lastname@example.org
Theodore Allan Greene agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.