friend fell on our property, can he sue us?

SandraPandra asked:

two years ago, my dad was installing a satellite dish when his friend unexpectedly stopped by, he was curious as to what my dad was doing and stepped on the ladder after my dad got off (without permission). he then, fell off the ladder and broke his leg. a month ago we received a letter from his lawyer stating that he was seeking compensation through out insurance company (understandable, as he needed surgery and was not able to work) but NOW we received ANOTHER letter saying that we had to get a lawyer because he was taking us to court and holding us liable. can he do this??

Felix Paulic

Filed Under: Law & Ethics

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  1. michelob86 says:

    Yes. That’s why you should have home liability insurance.

  2. Ben There says:

    Yes, he can sue. When anyone comes on your property the the owner is responsible. Your home owners insurance should be able to cover any damage. I think your friend is no longer a friend and that he waited 2 years to file a claim is a little long. But do talk to a lawyer one that is familiart with personal injury law to help you

  3. K W says:

    Yes, that is why you should have home owner’s insurance because it would have covered it.

  4. Cam says:

    Well considering you did nothing that made him fall, probably not…

    and, even if this does get taken to court, his lawyer has a very bad case!

    it most likely wont though.

  5. J M says:

    He can try.

    If you have homeowner’s insurance, check with them. They may handle it for you.

    Or, get an attorney to write a strong letter. Sometimes if you look like you are fighting it, they give up.

    In this country, anyone can sue and go to court. Doesn’t mean they will win or even get anything.

  6. laughter_every_day says:

    You misunderstand. In order to get to your liability insurer, he must sue you. You notify your insurer. They hire a lawyer to defend you and then pay the judgment. I hope you have already notified your insurer, as you agreed when you got the policy.
    Anyone can sue anyone for anything. The question will not be whether he was injured on your property but whether he was injured due to the negligence of Dad.

  7. AJ says:

    Your insurance company will supply a lawyer. It’s their money after all. To hold you liable, he needs to prove negligence on your part. The lawyer will likely move to dismiss the case because the guy went up without permission.

    How this is going to end is hard to say, but several outcomes can be predicted: your insurance rates going up because of the claim and your farther will have one less friend and one more enemy. The only beneficiaries will be lawyers. Nice system, isn’t it?

  8. angels above us says:

    In law, a person can be held liable for an accident on your property.Given the way the accident happened makes for more or less of a reason to gain more or less compensation.Being on a property,and an accident happens most likely the owner can be held liable for damages.Many things are taken into consideration like,was the ladder secure,was it damaged,was it placed properly,was it muddy and the mud was a cause,did your Dad talk to the person while coming on the property,does this person help you at times,did your Dad tell him not to get on the ladder,did your Dad ask his opinion about the job he was doing. Also, can the injured man prove he got hurt on your property? In most cases, home owners insurance will pay up to a given amount for accidents.Good luck, Angels Above Us

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