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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Can i be sued therapy sessions in my house? Im not the one

Customer Question

Can i be sued for have therapy sessions in my house? Im not the one performing the sessions but a different entity. My home is just the meeting area. I am not receiving gift or money.
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
Only if something goes wrong of course.
Expert:  Sam replied 4 months ago.

Hello

You cannot be sued for anything the therapist may be responsible for. But you could of course be sued if someone falls or hurts themselves in your home due to some negligence on your part. For instance, if you have steps that are broken and you know they are broken and a guest slips then you could be sued for that. But since you are not the therapist and are not taking any money from the therapist or the guests, then no you have only limited liability as to someone getting hurt on your property at no fault of their own.

Expert:  Sam replied 4 months ago.

The therapist and his patients contract is between them only.

Expert:  Sam replied 4 months ago.

Here is the CA law as it would pertain to you as the host only
1714.

(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.

(b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah's Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.

(c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.

(d) (1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.

(2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.

Expert:  Sam replied 4 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.

Customer: replied 4 months ago.
agree and have read about being sued if a guest gets hurts at home for negligence. Thank you very much for the information and the disclosure. I feel more at ease now.
Expert:  Sam replied 4 months ago.

You're welcome. Thanking you in advance for a positive rating to ensure I get credit for my time and information. Good luck with everything.

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