I was chasing / playing with my daughter and broke my ankle...

by Robert
(Hanahan, South Carolina)

At my home, where I rent, I was playing / chasing after my daughter and broke my ankle, dislocated it, and tore ligaments. The carport area had some condensation and was slippery, and as I fell my ankle just snapped.

Would something like this be covered under my landlord's home owners insurance? If so, can my landlord later on serve an eviction notice on my family for trying to file a claim? Are there any other avenues of coverage for my medical bills? Thank you.

Visitor Question:
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ANSWER for "I was chasing / playing with my daughter and broke my ankle...":

Robert (Hanahan, South Carolina):

Your injuries and resulting medical bills may very well be covered under your landlord's liability insurance. This presumes your landlord has liability insurance covering tenants. If there exists coverage you would likely not have to prove the landlord was negligent. Many homeowner's liability policies do not require a finding of negligence as a basis for recovering compensation for injuries (under the "MedPay" section of the policy).

Your landlord can always serve an eviction notice upon you. That doesn't mean it will be valid. Your landlord can evict you only if you breach the terms of your lease agreement. To attempt to evict you for any other reason, including requesting coverage for your ankle injury, would certainly not fall under a typical clause for eviction or termination of lease agreement.

Read your lease thoroughly. Look for any clauses which might address "property maintenance." Unless the lease agreement included a clause under which the landlord was responsible for clearing ice from the areas around your home, the duty to clear the ice was likely yours.

The only other avenue for coverage would be to file a claim under your own private health insurance.

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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