Liability for Injury on Adjacent Property?

by Glenn
(Philadelphia)

A person was injured in front of the property adjacent to my property when a board fell on her. This board did fall on her side when the wind blew it over. She insisted I placed the board there. She called 911 but when the ambulance came she refused to go, stating "I am fine". They asked her four times.

She then came back with her husband who called a lawyer. After she spoke with the lawyer she said she is going to the emergency room. During this time she walked to the store, then walked back to her home, then walked back again with her husband when he called the lawyer, and then walked back home again.

Do I have any liability for her injuries?

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ANSWER for "Liability for Injury on Adjacent Property?":

Glenn (Philadelphia):

It sounds like You will be just fine. If the woman turned down an emergency medical transfer to the hospital, and did so four times, then any injuries she may later claim won't be taken seriously.

When the woman called the attorney the attorney probably told her what any good attorney would. That is to go straight to the hospital to be checked for injuries. That doesn't mean the lawyer thinks there is a case. The lawyer is just doing what he was trained to do.

In fact the woman may not have even spoken with the attorney. Instead she may have spoken with the attorney's paralegal or secretary, who is trained to tell anyone who calls with similar fact patterns to first seek medical care to see if there are any injuries. Otherwise attorneys would be on the telephone all day talking with people who are wasting time.

If the woman told the paramedics she was "fine," and shortly thereafter walked home, the probability of her having a case diminishes rapidly. Unless she attempts to "manufacture" an injury, and if she does she's not likely to get away with it, you really have nothing to worry about.

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