Visitor Question

Liability for Injury on Adjacent Property?

Submitted By: Glenn (Philadelphia)

A person was injured in front of the property adjacent to my property when a board fell on her. This board did fall on her side when the wind blew it over. She insisted I placed the board there. She called 911 but when the ambulance came she refused to go, stating “I am fine”. They asked her four times.

She then came back with her husband who called a lawyer. After she spoke with the lawyer she said she is going to the emergency room. During this time she walked to the store, then walked back to her home, then walked back again with her husband when he called the lawyer, and then walked back home again.

Do I have any liability for her injuries?

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 Glenn,

It sounds like You will be just fine. If the woman turned down an emergency medical transfer to the hospital, and did so four times, then any injuries she may later claim won’t be taken seriously.

When the woman called the attorney the attorney probably told her what any good attorney would. That is to go straight to the hospital to be checked for injuries. That doesn’t mean the lawyer thinks there is a case. The lawyer is just doing what he was trained to do.

In fact the woman may not have even spoken with the attorney. Instead she may have spoken with the attorney’s paralegal or secretary, who is trained to tell anyone who calls with similar fact patterns to first seek medical care to see if there are any injuries. Otherwise attorneys would be on the telephone all day talking with people who are wasting time.

If the woman told the paramedics she was “fine,” and shortly thereafter walked home, the probability of her having a case diminishes rapidly.

Unless she attempts to “manufacture” an injury, and if she does she’s not likely to get away with it, you really have nothing to worry about.

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: April 15, 2012

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