1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Broke ankle at a rental home is the home owners insurance cover this?

Discussion in 'Accidents, Injuries, Negligence' started by Kwthorne, Jul 24, 2017.

  1. Kwthorne

    Kwthorne Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Virginia
    I had just rented a house and I fell in the back yard in a whole and had to have surgery and a plate put in my ankle and was out of work for three months. My renter insurance would not cover this, would the home owners insurance cover it?
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    10,645
    Likes Received:
    1,661
    Trophy Points:
    113

    Maybe?
    Depends on the policy and the circumstances.
    Do you not have health insurance that covers it?
    You will need to speak with a personal injury attorney who can assess the particular details of your situation.
     
  3. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,217
    Likes Received:
    701
    Trophy Points:
    113

    It's hardly surprising that your renter's insurance didn't cover this. Renters insurance has two purposes: (1) to cover damage to your property; and (2) to provide liability coverage for you. You can buy renter's insurance with only the property component, but it would be unwise to do that. If you bought the liability component, there is a medical payments component, but it doesn't cover the insured. That's why you have (or should have) personal medical insurance.

    As far as your landlord's insurance, it probably provides no coverage either (unless you can prove that your landlord is legally liable for your injury), but it's impossible to know without reading the policy(ies). I suspect if you ask your landlord for copies of his/her/its policy(ies), he/she/it will say no. You can sue your landlord if you can come up with a viable theory why he/she/it is legally liable for your injury and then request copies of insurance through the discovery process. Do you have any reason why your landlord might be liable for you falling?
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,950
    Likes Received:
    1,606
    Trophy Points:
    113

    Depends on whether the homeowner was negligent or not. Tough to prove.

    You would need to show that the homeowner knew, or should have known, that hazard existed
    which could potentially cause injury and failed to remedy that hazard. That would be hard to prove since the owner doesn't or didn't live there and you would have a hard time finding out who and where the former tenants are. Could have been something caused by former tenants that the owner never knew about. Also could be that the hole is obstructed from view by grass and the owner might not have been able to see it just as you apparently couldn't see it.

    Can you post a photo of the hole and the area surrounding it.
     
  5. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,802
    Likes Received:
    560
    Trophy Points:
    113
    You fell in a whole what?
     
  6. army judge

    army judge Super Moderator

    Messages:
    30,986
    Likes Received:
    4,436
    Trophy Points:
    113

    Wait for it...........

    A WHOLE LOTTA TROUBLE!!!
     
    Highwayman and zddoodah like this.
  7. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,950
    Likes Received:
    1,606
    Trophy Points:
    113

    Who's on first?
     
  8. Kwthorne

    Kwthorne Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    The property manager was aware of holes in the yard.
     
  9. cbg

    cbg Super Moderator

    Messages:
    7,985
    Likes Received:
    1,199
    Trophy Points:
    113

    Simply being aware is not sufficient to support negligence.
     
  10. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,950
    Likes Received:
    1,606
    Trophy Points:
    113

    cbg is correct.

    Provide more details about that.

    How was the property manager aware? What was the date that he was notified? Who notified him and in what manner? Was he notified more than once?

    Most importantly, did YOU know the hole or holes were there BEFORE you stepped in one? Be honest. Because if you knew they were there, you have no claim.
     
  11. cbg

    cbg Super Moderator

    Messages:
    7,985
    Likes Received:
    1,199
    Trophy Points:
    113

    For that matter, what was the purpose of the holes? Were they animal burrows? Dug deliberately in preparation of putting in a fence? Naturally occurring?
     
  12. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,217
    Likes Received:
    701
    Trophy Points:
    113

    This doesn't address anything that anyone raised in any of the prior responses. Let's try a simple list of questions (and I'll incorporate those asked by "adjusterjack" and "cbg"):

    1. Do you have personal medical insurance?
    2. Have you discussed this issue with your landlord? If so, what was the result? If not, why not?
    3. How was the property manager aware of holes? When and how did he/she acquire this knowledge? How do you know he/she was aware of the holes?
    4. Did YOU know the hole or holes were there BEFORE you stepped in one?
    5. What were you doing that resulted in you stepping in the hole?
    6. How long had you lived on the property before the injury occurred?
    7. How many times had you been in the backyard before the injury occurred?
    8. Describe the holes (e.g., size and depth). What was the purpose of the holes (e.g., dug by animals, dug deliberately (by whom?), naturally occurring)?
    9. Describe the weather conditions at the time of the injury (e.g., time of day, sunny or dark, any non-natural lighting)?
     
  13. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,950
    Likes Received:
    1,606
    Trophy Points:
    113

    And, to round it all out, post a photo of the hole you stepped in.
     

Share This Page