Visitor Question

Fell from ladder while power washing…

Submitted By: Syed (Pennington, NJ, USA)

I was power washing my house when I suddenly fell from the ladder. I fell about 25 feet down to the ground and broke both of my hands. Can I file a claim with my homeowners insurance for the medical expenses incurred as a result of this accident? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Syed,

You can file a claim but it will likely be denied. Homeowners insurance covers “invitees” or “licensees” who are injured on your property, not you or the home’s other residents. This is true whether you were negligent or not.

People often confuse invitees and licensees. A licensee would normally be a neighbor, friend, or similar person who is on your property for purposes other than providing a commercial service. Invitees are those people you might hire to come onto your property to perform a service. Examples of invitees would be a plumber, postman, carpenter, etc.

Unfortunately all homeowners policies exempt homeowners and immediate family from coverage. Your only alternative would be to file a claim under your private medical insurance.

If you have any evidence the ladder was defective, and as a result caused you to fall you might have a case against the manufacturer for a defective product. If that’s the case you’ll need an attorney.

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

Best of luck,

Published: July 24, 2013

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