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Don't Overlook Risks of Personal Liability

Like many well-paid health professionals, dentists are no strangers to assessing risk and liability in their practices. But what about liabilities pertaining to their homes and possessions? In addition to making sensible decisions, dentists need to know how to protect their assets from potential litigation.
David Robinson, CFP®
PUBLISHED: Thursday, April 6, 2017
Medical professionals are naturally mindful of the risk of claims on their assets, but many wrongly assume that having adequate professional malpractice insurance is protection enough.
 
They’re overlooking other types of claims — those having nothing to do with their professional practices. Like people in other professions with substantial assets, dentists and other high-earning health care professionals can easily find themselves targets of litigation for personal liability.
 
In many states, certain types of financial accounts can protect assets from judgments. These may include deferred annuities, life insurance (whose cash value is often protected) and qualified retirement accounts. But if these accounts offer protection in your state for the assets held within them, marauding plaintiff’s attorneys will go after other assets.
 
RELATED: More Dentist’s Money Digest® Personal Finance Coverage
 
· Residual or Partial Disability: Backdating A Claim
 
· Consider Incorporating Annuities in your IRA
 
· Practice Real Estate: Your Quick Guide to Making the Major Purchase
 
Perhaps greater prudence lies in managing risks to prevent mishaps, death and injury — and resulting claims on your assets. The first line of defense is your behavior, as governed by your best judgment and common sense, to prevent damage from occurring.
 
Common scenarios include:
 
· Your home. The bigger and more elaborate your home is, the more liability traps it may involve. A large home with extensive electronics inside and gardens outside often means a lot of foot traffic by tradesmen, cleaning people and others. It never occurs to many homeowners that if these people are injured at your home, this could mean a lawsuit. Many of these people are private contractors uninsured for work accidents, so consider being proactive to prevent accidents. What kinds of risk are contractors taking regarding ladders, electricity or toxic substances? What is their level of insurance, if any?
 
· Recreational facilities at your home. The big liability here is a swimming pool, but serious accidents can also occur on trampolines, go-cart tracks and other action activities for kids. Again, managing safety prevents accidents that can bring claims. Keep a close eye on your pool when children are swimming, and consider hiring a lifeguard for kids’ pool parties.
 
· The poor judgment of people close to you. Even if your behavior is steady in ways that minimize risk, you must use your best judgment about the behavior of people close to you and how it may create risk. Lending your house, boat or car to children, relatives or friends can be a deep liability trap. If your teenager is irresponsible, this is a no-brainer. If your teen has a wild party in your home while you’re out of town and a guest drives home drunk, bringing claims from serious injury or death, this will make it easy for plaintiff’s attorneys to “bring you in” as a defendant, as they like to say.
 
Or, if your teen cracks up your car after drinking or using drugs, the same can happen. Your teenager may be highly responsible, but how about his or her friends? How about their friends’ friends, who might take the wheel or introduce alcohol or drugs into the evening’s activities? And it may not be a teen whose actions bring claims down upon you; it could be your spouse or brother-in-law with a drinking problem.

Story continues on the next page.


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