Friend's husband hurt on someone else's property....

Previous | Next
 rated by 0 users
Latest post 03-31-2012 12:12 AM by adjuster jack. 10 replies.
  • 03-29-2012 9:03 PM

    • Yzgal
      Consumer
    • Not Ranked
    • Joined on 06-09-2009
    • OH
    • Posts 27

    Friend's husband hurt on someone else's property....

    I will explain this situation as best I can.  REMEMBER, this is not me but a very good friend I work with.

    Two years ago this past November, her husband was up in a tree trimming.  The tree branch snapped that he was hooked too and he fell about 100 feet onto pavement below. He had been doing this for years and was very safe just to clarify.  To say he had injuries and surgeries would be an understatement.   He's had shoulders/elbows/wrists/knes...all worked on.  He did go back to his regular job but it's a physical job so it's not worked out well (he was on light duty for a long time).  To make a long story short, he is now been declared disabled. I think my friend said he would receive 40% of his current pay (which won't pan out to much but at least it's something.  I encouraged my friend FROM THE START, to get in touch with the homeowners insurance since it was on their property.  They didn't listen (no clue why). The best answer I could get was this was the parents of a good friend of their's and they didn't feel right bringing it up.  (lost here)  Personally, if they were any kind of human being, THEY would have brought it up.  He has had I think 7 surgeries due to his injuries.  : (

    The bottom line is;  is Tim just SOL on this injry since it's been over 2 years?  They will probably lose their home due to strained finances.  Do they have any recourse to file anything?

    I appreciate all the help on this topic.

     

     

     

  • 03-29-2012 9:33 PM In reply to

    Re: Friend's husband hurt on someone else's property....

    Yzgal:
    The bottom line is;  is Tim just SOL on this injry since it's been over 2 years?

    If Tim is in Ohio: yes.  The statute of limitations to bring a lawsuit for personal injury is 2 years.  If he is in OH and he filed suit now the defendant would have an affirmative defense of the statutes having expired and could get  dismissal.  Odds are no PI attorney would take the case knowing the statutes have expired.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 03-29-2012 10:19 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,508

    Re: Friend's husband hurt on someone else's property....

    I might have thought that this was more of a workmans comp claim if there were any sort of quid pro quo for this trimming work --and probably covered by  friends homeowners policy at least up to limits --but that too is most likely now stale by the same 2 year  statute of limitation in OH stemming from the date of injury



  • 03-29-2012 11:14 PM In reply to

    Re: Friend's husband hurt on someone else's property....

    First, understand that the homeowner isn't liable for this unless the homeowner was negligent in some fashion. How was the homeowner negligent in the tree limb snapping? If there were obvious signs the tree limb was rotten or in otherwise poor condition, your friend's husband has the problem that it should have been apparent to him too and he should not have relied upon it. In that case his own contributory negligence might kill any claim he had. if the limb wasn't bad (or the limb's weakness wasn't something the homeowner could have known about) then I don't see any negligence on the part of the homeowner.

    Following on that, most homeowner's liability policies will have language something like: “If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage caused by an occurrence to which this coverage applies, we will . . . pay up to our limit of liability for the damages for which the insured is legally liable.” Note that it doesn't cover all injuries that occur on the property; that's something that a lot of people don't understand. Instead, it just covers the homeowner for injuries on his property for which the homeowner would be legally liable, e.g. for which he could be sued for negligence. If there is no legal claim against the homeowner, the homeowner's insurer won't be obligated to pay the claim. Thus, even if there wasn't a statute of limitation (SOL) issue here, there may have been nothing to get from the homeowner's policy.

    Second, and to the point of your question, the answer on the SOL depends on the law of the state where the home is located. If it was Ohio, then Ohio Revised Code section 2305.10 provides the SOL for personal injury claims. For claims other than product liability and sexual abuse claims, the SOL is two years from date of the injury. Thus, it appears that even if he might have had a good claim, he's out of luck in Ohio.

  • 03-29-2012 11:21 PM In reply to

    Re: Friend's husband hurt on someone else's property....

    Drew:

    I might have thought that this was more of a workmans comp claim if there were any sort of quid pro quo for this trimming work --and probably covered by  friends homeowners policy at least up to limits --but that too is most likely now stale by the same 2 year  statute of limitation in OH stemming from the date of injury

    Drew, that's stretching things beyond belief. Trimming a tree limb for a friend, even if there was some exchange (like trading the tree trimming for the homeowner fixing the the friend's husband's car or whatever) will not create an employment relationship absent unsual facts and the homeowner would not have had to carry workman's comp insurance. Indeed, I think that argument is frivolous in the ordinary case. AdjusterJack can weigh in on this, but my bet is that most homeowner's policies won't cover the homeowner for injuries to his employees for which the homeowner should have been carrying workman's comp, so I don't see that characterizing it as an employment relationship (even if you could do it) would get anything from the homeowner's policy.

  • 03-30-2012 12:50 AM In reply to

    Re: Friend's husband hurt on someone else's property....

    Taxagent:
    most homeowner's liability policies will have language something like: “If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage caused by an occurrence to which this coverage applies, we will . . . pay up to our limit of liability for the damages for which the insured is legally liable.” Note that it doesn't cover all injuries that occur on the property; that's something that a lot of people don't understand. Instead, it just covers the homeowner for injuries on his property for which the homeowner would be legally liable, e.g. for which he could be sued for negligence. If there is no legal claim against the homeowner, the homeowner's insurer won't be obligated to pay the claim. Thus, even if there wasn't a statute of limitation (SOL) issue here, there may have been nothing to get from the homeowner's policy.

    True.

    However, there is a secondary coverage on homeowners policies called Medical Payments coverage which is available to guests and members of the public that are injured on the homeowners' property without regard to fault.

    Medical Payments coverage would have provided a small amount of coverage (typically in increments of $1000, $5000, or $10000) to the injured person if the injured person was not providing business services. The coverage generally requires that the claim for Medical Payments be made within a year of the injury.

    Medical Payments coverage does not pay for

    • "Bodily injury" to any person eligible to receive any benefits voluntarily provided or required to be provided by an "insured" under any:  a.  Workers' compensation law;

    If the injured person was tree trimming as a sideline business, then the Medical Payments coverage would not apply to him because Ohio allows sole proprietors to buy workers compensation insurance on themselves.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-30-2012 12:55 AM In reply to

    Re: Friend's husband hurt on someone else's property....

    Taxagent:
    but my bet is that most homeowner's policies won't cover the homeowner for injuries to his employees for which the homeowner should have been carrying workman's comp

    True.

    Taxagent:
    I don't see that characterizing it as an employment relationship (even if you could do it) would get anything from the homeowner's policy.

    Also true.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-30-2012 6:08 AM In reply to

    • Yzgal
      Consumer
    • Not Ranked
    • Joined on 06-09-2009
    • OH
    • Posts 27

    Re: Friend's husband hurt on someone else's property....

    Thanks all for the responses.  I had figured that they were SOL.  My parents (about 8 years ago) had someone hurt on their property and their homeowners insurance paid medical bills for it.

    Oh well, you can lead the horse to water, but you can't make them drink.  This has sunk this family in such a financial hole that I don't know if they will ever recover unfortunately.

    Thanks again everyone, have a great weekend.

     

     

  • 03-30-2012 10:45 AM In reply to

    Re: Friend's husband hurt on someone else's property....

    Yzgal:
    My parents (about 8 years ago) had someone hurt on their property and their homeowners insurance paid medical bills for it.

    Very likely paid under the Medical Payments coverage without regard to fault.

    Yzgal:
    Oh well, you can lead the horse to water, but you can't make them drink.

    Hmm.

    I was taught that you can lead a horse to water but you can't lead a horticulture.

    And you can lead a horse to water but a pencil must be lead.

    Yzgal:
    This has sunk this family in such a financial hole that I don't know if they will ever recover unfortunately.

    A consequence of performing high risk activities without proper insurance.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-30-2012 11:03 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,508

    Re: Friend's husband hurt on someone else's property....

    Well the bottom line seems to be your friends issues are now too stale for help.

    I's sure adjuster jack is on target that many a homeowner policy  would cover a guests injury w/o regard  to fault or negligence up to policy limits had a claim been filed timely. (Guests, not workers)

    My HO policy has an adder which covers "casual" employees if they are injured

    Casual workers are generally excluded from W/C coverage

    And actually the OH workmens comp law is a bit odd in that if a buddy hired a friend to help him do some tree work or other work  and it added up to over about $160 in a quarter  that could trigger a W/C coverage issue --my understanding is that usually  a lot of casual work is not covered in many states. 

    Now if your friend was moonlighting as an independent contractor then he is on his own to cover himself.

    But no matter what the issues were or possible coverage might have been --it sure reads like its too stale to address.



  • 03-31-2012 12:12 AM In reply to

    Re: Friend's husband hurt on someone else's property....

    Drew:

    My HO policy has an adder which covers "casual" employees if they are injured

    Yes, the additional coverage is often available and would be subject to whatever state laws apply. While it might be optional in PA, it appears to be a mandatory part of NY homeowners policies. As for Ohio, I didn't look it up. I'll leave that for the OP to research.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
Page 1 of 1 (11 items) | RSS

My Community

Community Membership New Users: Search Community