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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118783
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I am a personal trainer and I train out of my home I

Customer Question

I am a personal trainer and I train out of my home I recently had a client said she tore her meniscus I don't believe I am responsible I feel that I followed all the protocol and she walked out of my home just fine I am very concerned because I thought my personal training insurance with a 2 year contract it is not and was expired on the date of the incident my home insurance excludes my business so if they sue me and I in big trouble my question is would it be best for me to take my name off the title of the home just in case also what other precautions can I take for check to protect my home?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to sue you for any damages, she has to prove your conduct was negligent and that it caused her injury. You as a trainer are not personally liable for the person injuring themselves while training, even though the trend today is for everyone to blame everyone but themselves for their problems. She has to prove you are negligent.

It is too late to protect your home, anything you do now to try to move your home into someone else's name or into a trust would be undone under the Uniform Fraudulent Transfer Act because it was a transfer to avoid liability.

It is best to fight this head on to prove that you did nothing negligent and you acted as a reasonably prudent trainer and as such you are not liable for any of her injury.

Customer: replied 2 years ago.
Thank you so much, that does make me feel better, as for the uniform fragulaunt transfer act, if I do a quick claim to take myself off the deed, we can do it before anything is filed they haven't served me yet, I don't know if that will happen. My biggest worry is they are very wealthy and her husband can be a bit of a hot head, apparently he does blame me. Also what about a homestead for future protection?
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

That would still be a fraudulent transfer, even if you do a quit claim before they file their suit.

You already have a homestead on your home if it is your primary residence. It means that your value of your home is protected up to $75,000 ($150K if married).

If she does not sue, then transferring the home into an irrevocable trust would be how to best protect your home. The irrevocable trust is the best way to protect all of your assets, but you have to determine if she is going to let this drop yet. You would need to sit with a local trust attorney to set it up and you need to go to them now to work to protect your assets into the future with a irrevocable trust.

Customer: replied 2 years ago.
Would there be any harm in setting up the quick claim anyway would I get in trouble even if they were able to claim that law it might help me in the future it might give me a piece of mind and wouldn't they have to have a judgement to even know when I filed it? I'm thinking just telling them that I'm not on the deed might stop all the process I know I'm being paranoid but that is all I can think of it's something I have thought to do in the past to protect my business
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

You can do your quit claim now if you want, just be aware that if she sues there is a potential that the court could invalidate the quit claim. This case may never come to that though and then you would be protected in the future.