If I fell in someone’s house 1-1/2 years ago and had to have knee replacement as a result, is it to late to file a claim against their homeowner’s insurance?

Asked on August 21, 2014 under Personal Injury, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, in your state, the statute of limitations is only 1 year--that is, you have to sue within 1 year of the injury--so it would seem to be too late. Furthermore, the homeowner (and therefore his insurer) would only owe you compensation if the homeowner were "at fault" in some  way in causing your fall, such as by having a broken or loose stair you tripped on, or a weak railing that broke when you learned on it, or the homeowner leaving his roller blades out  in the middle of a hall or stairwell, so you tipped on them, etc. If the homeowner was not at fault in causing the accident, he (and his insurer) would not be liable.


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