QUESTION
Is the homeowner liable for my injury if I was injured while helping him move items?
Asked on Nov 03rd, 2011 on Personal Injury - Florida
More details to this question:
I was injured on property which I rent. I was helping the homeowner move some items from an out building. I tore my bicep muscle and had to have surgery and off work for 3+ months. Is there any liability towards the homeowner?
13 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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I do not know the details of how you were injured, but in order to recover anything from the property owner, you injury would have had to occurred because of some defect in the property about which the owner knew or should have known. You should consult a personal injury attorney in your area for advise specific to your case.
Answered on Feb 17th, 2012 at 12:26 PM
I wouldn’t think there is any liability. According to the description you’ve given, your injury was not caused by a latent defect in the property. Your question demonstrates a fallacy most people have about who is responsible when they are injured on someone else’s property. Many people hold the mistaken belief that just being injured on someone else’s property will make the homeowner or lessee liable. In fact, that isn’t true. The possessor of the property is liable when a defect in the property including fault on the part of the homeowner causes someone to be injured. The condition of the property had nothing to do with how your bicep was injured. It was the act of moving things on the property that injured you, not a condition of the property.
Answered on Nov 07th, 2011 at 8:28 AM
Your stated fscts are insufficient to put blame or liability on your tenant, the homeowner. However, you should inquire to see if that tenant carried homeowner's insurance which would cover your medical expenses as an invitee on the leased property.
Answered on Nov 04th, 2011 at 2:18 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If the injury was caused by some negligence on the part of the homeowner, yes, you have a case. If not, you may still be able to get medical pay benefits from the insurance company.
Answered on Nov 04th, 2011 at 1:53 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Not unless they did something negligent that caused your injury.
Answered on Nov 04th, 2011 at 12:48 PM
Whether the homeowner is liable depends on whether the homeowner was negligent. The fact that you were injured does not automatically mean the homeowner did something wrong. If the injury was caused by an unsafe condition on the property, you might have a claim.
Answered on Nov 04th, 2011 at 11:57 AM
Assault Attorney serving Richardson, TX
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Check the terms of the homeowners policy to see if your injury is covered.
Answered on Nov 04th, 2011 at 10:33 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No liability unless you prove his negligence caused your injury. And you did not so indicate.
Answered on Nov 04th, 2011 at 10:12 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have to prove that it was his fault that you were injured. I don't see that from your description.
Answered on Nov 04th, 2011 at 9:22 AM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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Just because you get hurt on someone else's property does not mean that you have a claim against them. You have to prove that they did something negligently that resulted in your injury. Sometimes a person does carry homeowners policy with medical payment coverage. If the homeowner has that then the insurance company will pay medical bills up to its limits for reasonable and necessary medical expenses. However when there is this coverage it is usually for only $1000 to $5000. It is worth checking with the homeowner to find out.
Answered on Nov 04th, 2011 at 9:21 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Make a claim against his homeowners insurance company. It may provide coverage for this exact situation.
Answered on Nov 04th, 2011 at 9:20 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably not. You need to prove that something the homeowner did was careless and caused your injury. Doesn't sound likely with a bicep tear. However, the HO may have medical payments coverage in his policy that pays medical expenses without having to prove liability. Usually limited to 1K to 10K if it is a good company.
Answered on Nov 04th, 2011 at 9:19 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Not unless he was negligent. If you were doing it gratuituously and not for pay, you wouldn't be covered under worker's compensation.
Answered on Nov 04th, 2011 at 9:19 AM