A hard decision at the game table

[steeldragons]

I definitely feel your pain [and genuine concern] at this very unfortunate situation.

That said, if she is "supposed to use a walker" and doesn't, then it seems to me you would be in the clear for any kind of liability. Granted getting that across/proving that to an insurance company might be a huge PITA.

Not only for your concern about a fall, but your own furniture [the collapsing of which, sounds like, would certainly lead to a fall], I would not necessarily say "You can't come to the game anymore" but "You can't come to the game -or move about my property-without using your walker."

Her "not liking it" is not really of consequence. It sounds completely (even more than) necessary. And, if she is a good person and, as it sounds, a long time friend I would think such a request is neither out-of-place nor should be met with as any affront.

If nothing else, maybe she needs a break from the game at least until the accident injuries get "better" [though sounds like they will never be "good"].

If she is unwilling to do this simple thing, which she is supposed to be doing anyway, for you -her friend- and her gaming group/table...and, ya know, the possibility of losing your HOUSE being on her shoulders!!!...then I have to say, unfortunate as it is, you are not really losing anything by telling her (ya know, nicely) not to come anymore.

 

[Dungeoneer]

We have homeowner's insurance. It's kind of required. But with medical care costing what it does today, I still couldn't afford the risk. We're playing in the garage, technically an "infinished" area, not intended for occupancy. I'm afraid that my insurance would deny the claim because of that.

Oddly, the way legal circles work, any precaution I take to minimize the risk is taken as an admission of liability, proof that I knew the risk was there. If I had her sign a waiver, all it would do would be to prove that I was subjecting her to a known risk. It wouldn't protect me at all.

Honestly, it sounds to me like you are a little paranoid about the legal system. IANAL, but from what I understand taking precautions can NOT be used as an admission of liability against you. I also don't think her insurance company is likely to sue you unless they incur huge costs that they need to recover. Not saying it's not a risk, but probably a remote one.

I think you need to talk to two people. A) This woman, as other posters have said. Express your concerns to her, see what compromises the two of you might work out. B) Talk to an ACTUAL lawyer instead of coming up with all sorts of worst-case-scenario conjectures. I am sure that there are many lawyers who will you give you your first hour of legal advice cheap or gratis. But I feel like you're working yourself into a panic that may fragment your gaming group over something that may turn out to be no big deal.

 

[Jacob Marley]

She lives in an assisted living facility, and one thought I had was to tell her that I needed a statement from her physical therapist that she's okay to get around without a walker or assistance. Sadly I know that that approval will never come. Her mobility has been steadily deteriorating, and the auto accident was the topper.

As for moving the game: First, I'm the only one of our group who has anything like appropriate space. (Listing a garage as "like" appropriate space is probably as good a description as any.) Second, all we'd be doing is shifting my risk to someone else.

Does the assisted living facility have space? A lot of these facilities (especially the newer ones) are designed to have recreational facilities for use by their occupants. Plus, I am certain that they are fine with the risk.

 

[athos]

She lives in an assisted living facility, and one thought I had was to tell her that I needed a statement from her physical therapist that she's okay to get around without a walker or assistance. Sadly I know that that approval will never come. Her mobility has been steadily deteriorating, and the auto accident was the topper.

Hey there, sounds rough, but have you thought about talking to the assisted living center and seeing if they will host the game? Explain to them that their client likes to play and that she can't physically make the trip anymore, so you want to bring the game to her. They should be able to provide a table and chairs.

When my grandmother was in assisted living they did something similar for her. They let her bridge group play on the premises. Of course, that was Eskaton, and they were really good as far as trying to make their clients happy, don't know who she is with or what their attitude is, but it couldn't hurt to ask. Best of luck to you,

Dan / Athos

 

[Desdichado]

We gather to indulge in fantasy, but the hard reality is that if she falls and hurts herself while on my property, her insurance company will sue me and I'll lose my house. It will happen whether she wants to sue me or not. It won't be her decision.

You probably want to research that particular claim before assuming all is lost. If it's true, well, that truly sucks. But it may not be.

 

[Greenfield]

I have a lawyer in the family. I'll talk to them, but the concern isn't limited to losing a lawsuit. You can go broke while winning one as well.

So even if showing negligence on her part could possibly let me win the suit, "possibly" losing my home is a big risk, and going broke while *not* losing the house is still a loser.

Reality sucks some time.

 

[Dannyalcatraz]

Hold on, take a deep breath!

Though it is true that winning a case can be expensive, things are not necessarily as dire as you believe. In certain cases, depending on state law and other particulars, the losing party may be liable for attorney's fees.

But even before that...

With insurance claims, your attorney is usually hired by the insurance company- it's part of the services you pay for. The InsCo will decide whether to pay a claim or fight it. Whether your insurance rates go up depend mostly upon the company you're contracted with. Many will only bump your rates if you're found to be at fault in a preventable way.

The danger is if the InsCo decides to pay the claim, but you want to fight. Then you will be spending your own money, and most importantly, your InsCo will not be liable for anything if you lose.

 

[Greenfield]

Hard truth: Insurance companies don't lose money.

If they pay the claim, with or without court action, they raise my rates and I end up paying it back forever more. And while higher insurance rates won't exactly break me, I'm only insured for up to X dollars in damages. Injury claims can easily exceed that, in which case I have to pay the difference.

And that will break me.

 

[Dungeoneer]

Hard truth: Insurance companies don't lose money.

If they pay the claim, with or without court action, they raise my rates and I end up paying it back forever more. And while higher insurance rates won't exactly break me, I'm only insured for up to X dollars in damages. Injury claims can easily exceed that, in which case I have to pay the difference.

And that will break me.

Well, since you've already made up your mind that everybody is out to get you, why even start this thread?

 

[Greenfield]

Well, since you've already made up your mind that everybody is out to get you, why even start this thread?

From my initial post...

Not expecting answers from anyone on this one, just sort of moaning in public. I have to tell her she can't come to the game any more, and it sucks. I live in a tiny house and it just isn't possible to make it handicapped accessible without significant structural changes.

Sometimes I really hate reality.

Emphasis mine.