My wife broke her foot at someones house, she fell into an open un marked fountain. Is the home owner responsible?

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My wife broke her foot at someones house, she fell into an open un marked fountain. Is the home owner responsible?

We were at someones house, there was a hole in the front entry way that was supposed to be an inground fountain. It didn’t have any water or plants in it. My wife fell in it and broke her foot. We would like for the homeowners insurance to pay for the medical bills ? Who is legally responsible for the medical damages ? The home owner does not want to participate or help us ? Can we sue the home owner or their insurance co ? Our medical will cover some of the cost, but there are a lot of out of pocket expenses accruing. We would like for them to pay that cost and possibly more.

Asked on June 6, 2009 under Personal Injury, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The owner of the property may be liable for for the injuries that your wife suffered.  The way it works is that you will file suit against the owner of the property.  This means that the owner of the property may have to pay, out of his own pocket, your wife's damages.  Of course, that is the reason that people buy insurance premiums.  Assuming that the owner has insurance, he will turn the claim over to his insurance company.  If the homeowner does not, for any reason, have sufficient insurance coverage, than any of his assets (i.e., home, bank accounts, etc) may be subject to a potential judgment.  I recommend that you consult and/or retain a skilled personal injury attorney to discuss this matter further.


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