QUESTION
Can I sue if I was at a friend's house and a 32 inch tv fell on my foot and got fracture?
Asked on Jul 20th, 2013 on Personal Injury - New York
11 ANSWERS
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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You do have a claim against your friend for your injuries.
Answered on Jul 22nd, 2013 at 1:51 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Your friend's homeowner's insurance policy likely has a "med pay" provision which will pay up to it's limits (usually only a few thousand) without regard to fault/negligence, so you may want to avail yourself of that coverage.
Answered on Jul 22nd, 2013 at 1:26 PM
Thomas Edward Gates
You need to file a claim with her homeowner's insurance company.
Answered on Jul 22nd, 2013 at 11:10 AM
Car Accidents Attorney serving Beaverton, OR
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Weimar Law Offices
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Depends on why the TV fell? ?Did homeowner negligently place it so it was at risk of falling Or did you cause it to fall?
Answered on Jul 22nd, 2013 at 10:38 AM
Maybe, but why did the TV fall? What caused it to fall? Who was at fault?
Answered on Jul 22nd, 2013 at 10:35 AM
4 Awards
Yes, you can. Additionally, there may be a medical payments provision in the friend's insurance policy that would pay your medical bills now.
Answered on Jul 22nd, 2013 at 10:24 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Absolutely. If they have insurance there is typically a med-pay provisions that covers medical expenses to a certain limit (usually $5,000 but could be more) and this coverage goes into effect regardless of fault. But you can also seek recovery for pain and suffering on a general premises liability claim.
Answered on Jul 22nd, 2013 at 9:05 AM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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If someone was negligent (did something wrong) to cause your injury, then you can sue for recovery of your injuries.
Answered on Jul 22nd, 2013 at 9:04 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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Anyone can file a suit. The issue is did the accident occur as a result of the negligence of your friend. Ordinarily, TVs don't fall on to people without someone's negligence. Was the TV wall mounted? Was the TV on a stand? The first question that you need to answer is what made the TV fall. Once you establish that it fell because of the negligence of the homeowner, then you need to demonstrate the nature and extent of your injuries. If there is homeowner's insurance, you should immediately contact them and place them on notice of your claim.
Answered on Jul 22nd, 2013 at 9:03 AM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Yes you can sue. However, you will need a lawyer. These types of cases can be very difficult. Your Frieda insurance company will immediately blame you for dropping the tv on your own foot, even though that isn't what happened.
Answered on Jul 22nd, 2013 at 8:31 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Probably. Appliances and fixtures aren't supposed to fall at random. You will need a lawyer, this is not a DIY job.
Answered on Jul 22nd, 2013 at 8:30 AM