Legal Question in Civil Litigation in California

Re: Injury caused by person with severe disability

I defended and won a case exactly like this.

An adult had been ruled gravely mentally disabled and lived in a group home; his mother took him to a shopping center. Before Mom knew what was going on, the son had been accused of assaulting a child. The child's parents hired a lawyer who sued the store, the store security guard company, the home, the State, and, you guessed it, Mom (my client). Turned out there was a state law exempting Mom (and others) from liability, meanwhile some of the other defendants' insurance companies had settled. I don't know offhand whether the state law I mentioned applies to your son's specific situation, you could consult your local Regional Center. Meanwhile, keep your homeowners' insurance and umbrella insurance up-to-date, and call them if there is a claim against you.

Re: Injury caused by person with severe disability

You could only be sucessfully sued if someone is able to establish neglect on your part. However, you may want to consider an asset protection plan which could include things like irrevocable trusts, LLC's and corporations.

Re: Injury caused by person with severe disability

I think you need to hope that the law Mr. Stone mentions applies to you, as taking someone who has manic outbursts and does not understand that his actions may result in physical injury seems to me to be clearly negligent. But I think you have to worry not just about whether you have economic liability but whether your actions are going to lead to harm to others. You of course want your son to be out with other people, but those people have a right to be in a situation free from physical danger