Who is responsible for expenses if my partner fell down and broke her leg in the parking lot of a rehab/medical center she has been staying in for an unrelated injury?

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Who is responsible for expenses if my partner fell down and broke her leg in the parking lot of a rehab/medical center she has been staying in for an unrelated injury?

Now they want her to hand over her disability check to stay there until her leg mends and she can walk safely again. Shouldn’t their liability insurance cover the cost of this new injury since it happened on their property?

Asked on June 6, 2014 under Personal Injury, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A person or business is not financially responsible for an injury (liable) simply because the injury occured on his or its property; rather there must be fault, or something they did wrong, for liability to attach. In a case like this, if there were some potholes or other dangerous spots/areas in the parking lot, which your partner tripped in, the center may be liable since it may be negligent, or careless, to not fix such conditions in a medical/rehab center parking lot. But if there were no unreasonably dangerous condition, it is most likely that they are not liable, since they would have done nothing wrong.


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