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Post by mammajamma on May 18, 2024 2:28:10 GMT
Your home?
Situation : a family member of my DH, visited our house and was coming down our wood stairs with socks on and things in his hands. He is 300 lbs+ and injured himself enough to need a knee surgery.I understand he has health insurance.
Our stairs were clean, no obstructions in his path.
Should we be concerned he can sue us? Or claim this on our home insurance?
This is in Texas if that matters.
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Post by crazy4scraps on May 18, 2024 2:37:10 GMT
I would check with my insurance company on that one. We have an umbrella policy that would come into play if for example our dog bit the UPS guy or something, but I don’t know how that would work if it was someone in the family. I would hope someone in my own family wouldn’t sue me though.
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snyder
Pearl Clutcher
Posts: 4,351
Location: Colorado
Apr 26, 2017 6:14:47 GMT
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Post by snyder on May 18, 2024 2:43:29 GMT
Not sure what the right answer is, but does this family member not have medical insurance? I would think with a family member, offering to pay any out of pocket expenses woudl be the end of it. I would hope the person would talk to you about it before taking the drastic measure to sue.
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Post by mom on May 18, 2024 2:46:58 GMT
Im in Texas, and yes, he can sue and he can file a claim on your home owners insurance.
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Post by Basket1lady on May 18, 2024 2:58:29 GMT
I broke my wrist last summer at my parents’ house. The ER asked me multiple times about the location and documented it each time. I told my parents to let me know if they ever heard anything from my insurance company, but they never did.
Strangely, in the course of multiple doctors, nurses, X-rays, and techs over the course of 8+ hours, I never once was asked if I felt safe at home or if my DH was involved (he wasn’t—I tripped over a pile of laundry). That’s the first question ever asked in a military treatment facility and I would have been separated from DH in triage when they asked.
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Post by katlady on May 18, 2024 3:07:36 GMT
If they file a claim, their insurance company may try to recover their cost by getting it from your insurance company. Your family member may not even have to sue, but the insurance company will try to find some why to recover their money. So that would be one thing to watch out for.
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Post by librarylady on May 18, 2024 3:11:37 GMT
Hopefully your home owners insurance should cover his bills.
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mimima
Drama Llama
Stay Gold, Ponyboy
Posts: 5,105
Jun 25, 2014 19:25:50 GMT
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Post by mimima on May 18, 2024 3:29:06 GMT
I would call your insurance agent as I do believe that he can make a claim on your homeowner's liability insurance. Good wishes.
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Post by revirdsuba99 on May 18, 2024 4:04:27 GMT
Yes, he can sue. Yes, he can submit a claim on your homeowner's insurance. This is one of the reasons you carry insurance.
I would not call my insurance unless the issue is brought up. If you call they will write it up, even if he never makes a claim.
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tracylynn
Pearl Clutcher
Posts: 4,903
Jun 26, 2014 22:49:09 GMT
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Post by tracylynn on May 18, 2024 4:14:59 GMT
The short answer is yes, he could.
I would NOT call your insurance.
I would never go after family for an accident. Hopefully he won't either.
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Post by mammajamma on May 18, 2024 8:40:32 GMT
Thank you all for the answers. This is what I have thought. This is mind boggling to me how our home insurance liability could be pressed to pay for something that is in no way our negligence. He chose to walk down stairs in socks with his hands full of his own stuff , and he is not in shape. I wonder if we would be out a deductible for liability coverage. We have a 2% deductible on other claims. I haven’t pulled the policy to read about liability.
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Post by Zee on May 18, 2024 12:32:59 GMT
Thank you all for the answers. This is what I have thought. This is mind boggling to me how our home insurance liability could be pressed to pay for something that is in no way our negligence. He chose to walk down stairs in socks with his hands full of his own stuff , and he is not in shape. I wonder if we would be out a deductible for liability coverage. We have a 2% deductible on other claims. I haven’t pulled the policy to read about liability. But if the stairs are slippery, that is an unsafe environment no matter what his fitness level. I hope he would not sue but you have to realize that wooden stairs with no tread can be a slip and fall hazard.
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Post by littlemama on May 18, 2024 12:44:05 GMT
In it were my state, his insurance company would send him a questionnaire about what happened and where. The insurance company will then try to subrogate against your homeowners insurance if they think they can blame it on the condition of your property. I first came across this about 20 years ago.
I feel like previously, your insurance would pay your claims and just assume it would all even out somewhere down the road. I think it is pretty shitty. An accident can happen on someone's property without it being the fault of the homeowner.
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Post by littlemama on May 18, 2024 12:47:19 GMT
How irresponsible of him to go down wood stairs in socks with his hands full to the point of being unable to hold the railing.
If his insurance does go after yours, that is the defense. I wouldnt call your insurance until you know something is happening.
Have you seen the person since this happened? Curious if he said anything about how he is the one who caused his own problem
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Post by angiet on May 18, 2024 12:59:20 GMT
Having worked in insurance for a number of years, and yes they could sue and /or file against your homeowners insurance but that doesn’t automatically mean that they will win or collect. They would have to prove that there was some sort of unsafe conditions that caused the injury. Sometimes accidents happen and no one is at fault.
In all the years that I worked in insurance I only ever heard of one liability homeowners claim filed in our office and that was only because the homeowner felt bad that her friend was hurt somehow trying on clothes at her house.
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Post by busy on May 18, 2024 13:20:15 GMT
He could but I would NOT proactively notify your homeowners insurance. Hopefully he would talk to you before making a claim and hopefully he won’t make a claim at all.
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Kerri W
Pearl Clutcher
Posts: 3,794
Location: Kentucky
Jun 25, 2014 20:31:44 GMT
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Post by Kerri W on May 18, 2024 13:26:19 GMT
DD fell off a swing at my brother’s house when she was 3 years old. We were asked what happened in the ER and told exactly what happened…a normal kid activity, a normal toddler fall, everything normal-no negligence on our part or my brothers. My insurance company chose subrogation and contacted their homeowners insurance. To be honest it caused hard feelings from my sister in law for several years. It was not anything we intentionally did-it was just the process of how insurance worked. Please don’t make this into a family issue with your BIL.
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Post by KelleeM on May 18, 2024 14:22:56 GMT
My late husband fell from a ladder at his brother’s house while helping him power wash his house. Every person who treated him knew what happened. It was not the fault of anyone. The family rumor mill was abuzz with talk of dh suing his brother. At some point bil’s insurance company contacted dh and they paid out $5000.
As far as your situation, OP, I would never go up or down wood stairs in socks. It’s a recipe for disaster. I hope your bil heals well.
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Post by sabrinae on May 18, 2024 17:06:58 GMT
He may not have a choice. His health insurance may choose to try to subrogate your home owners insurance to cover the costs. I frequently get letters from my health insurance regarding my daughter’s care and asking where the injuries occurred — she has health conditions which have led to multiple surgeries
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Post by Linda on May 18, 2024 20:15:19 GMT
He may not have a choice. His health insurance may choose to try to subrogate your home owners insurance to cover the costs. I frequently get letters from my health insurance regarding my daughter’s care and asking where the injuries occurred — she has health conditions which have led to multiple surgeries yes - we've also gotten those letters from our health insurance. The health insurance will try and recover expenses from home owners insurance, auto insurance, business liability insurance...depending on where an accident occurs. It's not the individual suing - it's the insurance company and the individual doesn't have any control of that decision
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Post by crazy4scraps on May 18, 2024 20:33:50 GMT
How irresponsible of him to go down wood stairs in socks with his hands full to the point of being unable to hold the railing. If his insurance does go after yours, that is the defense. I wouldnt call your insurance until you know something is happening. Have you seen the person since this happened? Curious if he said anything about how he is the one who caused his own problem This was my initial thought too. Unless there’s no railing or some other hazard just having wooden stairs shouldn’t be considered dangerous. People are dumb. This is partly why I always ALWAYS have on some type of footwear in my house. I think even carpeted stairs can be slippery when all you have on your feet is socks. Not sure what the right answer is, but does this family member not have medical insurance? I would think with a family member, offering to pay any out of pocket expenses woudl be the end of it. I would hope the person would talk to you about it before taking the drastic measure to sue. The thing is, if the person has health insurance with a high deductible, the out of pocket costs could still be in the thousands of dollars. I think with mine, we have something like a $7500 individual deductible with a family cap of $13-15K. If I had to be hospitalized or have surgery, that one incident would easily run up the bill to my max deductible.
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snyder
Pearl Clutcher
Posts: 4,351
Location: Colorado
Apr 26, 2017 6:14:47 GMT
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Post by snyder on May 18, 2024 20:45:38 GMT
How irresponsible of him to go down wood stairs in socks with his hands full to the point of being unable to hold the railing. If his insurance does go after yours, that is the defense. I wouldnt call your insurance until you know something is happening. Have you seen the person since this happened? Curious if he said anything about how he is the one who caused his own problem This was my initial thought too. Unless there’s no railing or some other hazard just having wooden stairs shouldn’t be considered dangerous. People are dumb. This is partly why I always ALWAYS have on some type of footwear in my house. I think even carpeted stairs can be slippery when all you have on your feet is socks. Not sure what the right answer is, but does this family member not have medical insurance? I would think with a family member, offering to pay any out of pocket expenses woudl be the end of it. I would hope the person would talk to you about it before taking the drastic measure to sue. The thing is, if the person has health insurance with a high deductible, the out of pocket costs could still be in the thousands of dollars. I think with mine, we have something like a $7500 individual deductible with a family cap of $13-15K. If I had to be hospitalized or have surgery, that one incident would easily run up the bill to my max deductible. Oh definitely! Every situation is different. If it was like $7 grand up, definitley would have to file through the insurance. I just have a great family and I don't think no matter what happened, any one of them would be thinking of suing me. But, there again, who knows, but I sure hope not and it hope it could be worked out. If I had to, I'd take out a loan to avoid a suit against my insurance.
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Post by mikklynn on May 19, 2024 23:52:11 GMT
This is just one more reason I carry a $1 million dollar liability policy. My financial advisor recommended it when we had teen drivers. It's surprisingly inexpensive, around $300/year.
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Post by lisacharlotte on May 20, 2024 0:09:33 GMT
Calling to ask your insurance to ask if something is an issue counts as an incident. Do not call your insurance company. If your BIL files or his insurance does, you have no control over it anyway. Don't invite a ding that will raise your rates.
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Post by lesserknownpea on May 20, 2024 12:17:45 GMT
I fell down the stairs at the home my DD rents a room in. My health insurance paid the hefty ER bill, and never bothered her stupid landlord. ( I’m only calling her that because that’s the only thing she cared about. Not that I was hurt. )
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Post by Layce on May 23, 2024 12:08:10 GMT
I seldom start new threads so if someone can confirm this go for it.
I thought I heard Charlie Colin of Train died recently from a fall in the shower while staying with friends.
(Is that the same shower that got Bob Saget?)
You peas are all over everything, lemeno
Layce
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Post by Lurkingpea on May 23, 2024 12:43:33 GMT
I seldom start new threads so if someone can confirm this go for it. I thought I heard Charlie Colin of Train died recently from a fall in the shower while staying with friends. (Is that the same shower that got Bob Saget?) You peas are all over everything, lemeno Layce He did die by falling in the shower. He was in Brussels. He was formally of Train though. He left the band 20 years ago. It looks like he was alone and may have been there several days. Very sad.
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Post by JustCallMeMommy on May 23, 2024 16:14:40 GMT
Every time I have ever had a medical claim for an injury, I get a mandatory questionnaire from the insurance company trying to figure out if anyone else should be liable. While I would never initiate a claim for something like this, what the insurance company does is a different matter!
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Post by gracieplusthree on May 23, 2024 16:22:57 GMT
Have recently wondered this with my daughter. They have downed trees that someone could cut for firewood, someone could even cut it and sell to me maybe as we use wood heat. However we're hesitant to post on fbook or whatever because what if an ordinary, but good, person comes to cut them them gets injured. Son in law said you can have them sign a paper releasing you from responsibility of injury while on your property but is it that easy?
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Post by katlady on May 23, 2024 16:45:44 GMT
you can have them sign a paper releasing you from responsibility of injury while on your property but is it that easy? Knowing the insurance companies, they will try to find some way to prove that you (the property owner) was negligent. I know this is the case with gyms. You sign a waiver for injuries, but the insurance companies will try to see if the gym owner was negligent in terms of safety, maintenance, etc.
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