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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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