What are our rights if my husband was doing a roof repair on the second story but the ladder slipped and he fell off the roof?

He had a compound fracture of his leg and crushed his ankle. He has been in and out of the hospital 3 times. The homeowner called to see how he was doing, and my husband asked him to check with his insurance to see if he could help with the medical bills. State Farm sent him a letter saying that his policy did not cover injuries by contractors. I don’t understand how his insurance company won’t help with this.

Asked on June 18, 2014 under Personal Injury, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Although the homeowner's insurance does not cover a contractor, your husband's recourse is to sue the homeowner because the owner of the property is liable for your husband's injury.

When your husband completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in his medical treatment where no further improvement is anticipated, he should obtain his medical bills, medical reports, and documentation of wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your husband's injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

Your husband's lawsuit against the homeowner would be based on premises liability.

Your husband's lawsuit must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


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.