Broken Leg On the Street In Front of My Business...

by Carlos
(Baldwin, NY)

My brother worked for me at my business. He broke his leg in front of my business, in the street while playing ball. Now he is suing me for his injury and medical bills. I would like to know if I am liable for his injuries? Thanks.

Visitor Question:
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ANSWER for "Broken Leg On the Street In Front of My Business...":

Carlos (Baldwin, NY):

If your brother wasn't on your property, you may have nothing to worry about. However, if he was on the street playing ball and that ball game was on company time, AND the ball game was sponsored by your business, AND the ball game was made a part of the company's workday, you may have a problem.

If he was just playing in the street and he was on company time, BUT you didn't authorize him to be playing ball in the street - in other words he was "goofing off" playing ball when he should have been working, then your brother's case will be very weak, if there is a case at all.

You mentioned he was suing you. Normally people don't file lawsuits before they attempt to settle the matter. If your brother persists in his desire to pursue a legal claim against you then do this:

Contact your insurance company. Tell then exactly what happened. Tell then your brother said he was going to sue you but you would rather avoid the lawsuit and cooperate. Your insurance company is on your side. They aren't in the habit of paying out money unless the person making a claim has a meritorious case.

Once you let your insurance company know what's going on then go ahead and give your brother the name and telephone number of your insurance company. Give him the name of the Claims Adjuster you spoke with. She will initiate an investigation.

After looking at the facts of the case, and presuming you don't have any of the problems we mentioned above, you can be assured your insurance company will deny his claim. Then if he wants to sue you, your insurance company will take over and defend you at no cost. That's what you pay insurance premiums for.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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