If a client gets hurt in an incall, who is liable?

[MsPrittiKitti]

interesting thread!

it made me think of that commercial on USA, where the lady is on trial...things got hot and heavy, she kneeled to give the guy ___, and i guess he feel over the balcony and died!


lol..i like the comment "stick to married men"

[whitechocolate]

If this happens at the provider's home, I would think it should be treated like she has brought in a male friend and not treated as a business transaction injury. So homeowners would cover. If it happens at a hotel, I would think it might be treated as if a woman rents a room, brings in a friend so there is no business going on. Depending on the injury, the hotel might bear the liability. Leave the business angle out of it. What do the legal minds think?

[SneakyCancer]

definitely dont want to think about occupational hazards. this is kind of like getting a lap dance or going up to the stage to tip and get poked in the eye by the dancer. This usually makes the news because someone is trying to sue.

[ShysterJon]

My opinion that the hobbyist would have the status of business invitee was based strictly on the law applied to the hypothetical situation presented. One could certainly speculate endlessly about the version of events the provider and hobbyist would state, the hobbyist's marital status, and the conclusions reached by the claims investigator. We could also speculate whether the homeowner's policy at issue contained a coverage exclusion if the insured premises were being used for a business purpose or for an illegal enterprise, and how that policy term would be applied by the insurer. But in my view, endlessly speculating has no value. Under the facts in the hypothetical presented, the provider could be liable for the hobbyist's injury if she was negligent. Insurance could pay for the loss. If coverage is unavailable, the provider would pay for the loss.

[machina70]

There are two aspects to this question.

1. Assumes the injured party is suing you for his/her injuries. And you don't want to pay.

First, there's a concept in law that all parties must have clean hands. So if a non-legal activity was the basis of the business bringing the injured party to your premesis, then they have little to no standing in court. Unless they claim the visit was personal or some other type of business visit.

Otherwise the general laws of negligence (cord left in a walking path would be an example of negligence) would leave the owner(legal owner of the property, hotel room, apartment...etc) with a legal liability for injuries related to the proposed negligence.


2. Assumes that you wish to pay for the injuries and would like to use insurance.

Lying aside, unless you have a business license and your insurance is for that business, you wouldn't be covered. Some homeowners insurances would cover non-business visits.