Visitor Question

Homeowners Injury Liability?

Submitted By: (Lincoln, KS)

I had a guest at my house trip while walking down my front steps to the driveway. The steps were dry and unobstructed. The guest has been to my house many many times over the years and walked down the same steps. It was dark, but I do have outside lighting.

The guest sprained their ankle and went to the emergency room. Now they want my homeowners insurance to pay for the bill. Am I liable?

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 ,

There is no “yes” or “no” answer to your question, the answer is “maybe”.

Technically your guest was injured on your property and as a result has a valid claim on your homeowners insurance. In the alternative, you don’t have to give her your homeowners insurance information. You can tell her you don’t

believe you are liable for her injuries for the same reasons you cited in your question to us.

If she then persists her only alterative would be to investigate in hopes of learning the name of your homeowners insurance company, or file a small claims lawsuit against you.

The next issue is her damages. You say she sprained her ankle.

The only medical bills she could possibly have would be her visit to the emergency room.

She suffered a soft tissue injury – no broken bones, no torn ligaments or tendons, and no back herniation…just a sprain. The best suggestion we have is to hope the whole matter blows over.

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: November 14, 2011

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