What to do about a day laborer’s alleged fall on your property?

A worker on a relative’s property claims he fell off a ladder. No one saw this happen or heard anything. He came to her door and said that he fell on his knee and asked for a ride home. He was a former day laborer now just working under the table but a legal resident. She gave him a ride home and along the way he asked her to stop at the store where he got beer and cigarettes. Later he called saying a friend took him to the hospital and needed a ride home. She was not able to oblige. A few days later he stated a friend’s attorney advised her homeowners should pay for his bills.

Asked on September 22, 2011 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It's not clear that her homeowner's should pay: a homeowner--and therefore her insurance--is *not* obligated to pay any time a person is injured on the property. Instead, there must be some negligence (carelessness) or other fault by the homeowner (generally speaking, with no fault, there is no liability); and also, if there was fault as well by the injured party, that could, depending on the circumstances, reduce or eliminate his/her recovery. So it is not a given that she or her insurance needs to pay.

That said, she should contact her insurnace. Her policy probably contains a clause requiring that the insurer be notified of any claims or potential claims (most policies do); failure to notify in a timely manner can deny her coverage if it turns out she needs it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.