Homeowners Insurance for Trip and Fall?

by Chris
(Mebane, NC)

I had a friend that fell inside of my condo. She was drunk and stumbled over her own feet. The next day she went to the emergency room and she had to have surgery. She does have medical insurance and she has worked but she is wanting me to file against my home owners insurance.

What should I do?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Homeowners Insurance for Trip and Fall?":

Chris:

Without knowing the reason for her surgery it is difficult to tell if you have any liability at all. Even if she injured herself in your residence that doesn’t mean it is necessarily your fault, especially as the only apparent reason was her drunkenness.

Finally, because her insurance company will be paying for her surgery you will at least know she will be OK.

When anyone files a claim against their homeowner’s policy the insurance company begins an investigation. It usually begins with their taking statements from the participants and witnesses. Common sense tells us when the insurance company’s Claims Adjuster asks your friend how it happened and what led to the fall, she does not intend to tell them the truth - that she was drunk and fell over her own two feet.

That’s bad enough, but we can also presume she would want you to tell the same untruth. It’s not worth it. If that is the “plan” forget about it. That’s a good way to get yourself into big trouble. Accepting money from an insurance company under false pretenses is a felony crime in the state of North Carolina.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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