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Stronger representation needed?

Lewisville, TX |

I am a property manager for a company and being sued personally for the death of child drowning in a pool. The child's mother was present at the pool but is from another nationality.I am being sued for neglect as the owner would not make the repairs needed and went around code compliance.

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Attorney answers 5


you are probably included in the suit in your capacity as an employee or agent of the company. without knowing all the facts, can't speculate too much, but any of your acts or omissions done as an employee of the co. will be attributable to and bind the company, thus implicating their insurance coverage and a defense of the lawsuit. you could hire independent counsel if you feel there is a conflict between your individual interests and those of the company. You need to understand what claims the Plaintiff is making and who they are blaming for the incident and why, and determine if you are similarly situated with the company or if you need your own attorney to protect your interests.



He says he is my attorney, but the insurance company for the owner is paying for it. The reason I asked is that I was told that the would try to settle and they have hired 3 different attorneys due to conflict of intrest?


I have worked on drowing cases in my career. The insurance company that represents your employer should be defending you. You should contact your employers liability carrier.

All responses on this site by this attorney are considered practical & general and does not constitute absolute or final legal advice. It is always best to consult a lawyer in your area on your exact case/claim. Each state has different laws, statutes of limitations and regulations. This lawyer is only licensed in the State of Texas.


As an attorney who represents property owners and their employees in premises liability cases like this, my suggestion is that you contact the insurer for your employer. You want to make sure that you are being sued as an employee and that your employer's position is that you were "in the course and scope of your employment." If so, then you will be covered by the employer's insurance and the insurance company must hire a lawyer to represent you. If the allegation is that you were not in the C/S of employment, then you may or may not be covered by the insurance. My suggestion is that you first find this out and if in doubt about whether your employer's insurance carrier is going to hire you a lawyer, you should consult with an attorney who handles this type of case.


The insurance company for the property will provide a lawyer to defend you.

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Get a lawyer. I would like to know which insurer is defending the apartment and what your role in this project is by virtue of the contract. You may feel like a defendant but could become a plaintiff seeking damages.

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