DW Got Injured While Looking at a House for Sale; Are Homeowners Liable?

[ocean view]

Quote:

Originally Posted by skipro33 Sooner or later your medical insurance company will ask your wife how the injury happened, specifically if work related or otherwise could be billed to someone else.

Just to add a bit of levity to this thread...

5 or 6 months following my only hospitalization, I received a call from the insurance company asking if someone else could be responsible for my “injury”. I replied yes. And then added that I had delivered a baby (c-section). I could hear the agent’s excitement in my first response and then deflation at my further explanation. I hate insurance company games, so I still take pleasure remembering this encounter.

OP, I’m glad to hear your wife is improving. I hope her recovery is swift.

[ExFlyBoy5]

Quote:

Originally Posted by ocean view Just to add a bit of levity to this thread... 5 or 6 months following my only hospitalization, I received a call from the insurance company asking if someone else could be responsible for my “injury”. I replied yes. And then added that I had delivered a baby (c-section). I could hear the agent’s excitement in my first response and then deflation at my further explanation. I hate insurance company games, so I still take pleasure remembering this encounter. OP, I’m glad to hear your wife is improving. I hope her recovery is swift.

On two occasions when my DW had spinal tumors removed, we got the "did an accident cause this" letter. I dug into it the second time and that's when I learned about the automatic trigger from some set billing codes...yet, tumor resection isn't one of those codes. When I asked the insurance folks about it, they just said, "I dunno...happens all the time." So, I tend to think that they are sent out either on a random basis, or more often than not.

[NateW]

Quote:

Originally Posted by FargoI Sorry to hear about your wife's injuries and the terrible day both of you had. It must have been terrifying, seeing all of the blood and not knowing the extent of the damage. I wish her a full and speedy recovery. I agree with others as aging adults, we each have a responsibility to have heightened awareness of our surrounding, especially in unfamiliar places. To the extent you are aware that you DW has a propensity to fall, even if it is a small propensity, there is an opportunity for you and as appropriate, other loved ones to hold her hand when walking. My wife has stabilized me on several occasions as we walk, when I am distracted by a bird, the moon, a siren...or daydreaming about FIRE. As far as legal action, a litmus test you might apply... let's say your wife did not fall at house listed for sale and you ultimately purchased it. Being completely objective, would you have noticed and/or proactively replaced the specific sidewalk or other sidewalks on the property if you were aware of a 1/2 or 1" differential in height between cement blocks? What I intend by asking this question to understand what you believe to be the standard for a "reasonable" person's action, including yourself. In our neighborhood, differences in height of several inches are typically the basis for remediating sidewalks. I had one block of cement replaced when I detected a 1" bump....literally everyone I know thought I was unreasonable in doing so (that's a clean/kind way of conveying what they said to me).

Thank you Fargol. Excellent advice and summation, especially the text I bolded. I hope your dear mother and wife fully recovered from their falls.

Again, I appreciate everyone's concern and expression of well wishes for DW. She is doing better today and finally can breath through her nose and walk around the house without the walker. I have also removed anything she could trip over. As I mentioned earlier, I was seeking advice and asking others how they would handle this situation because I or DW have never experienced it. After DW fell I had no intent of sueing the homeowners (in fact, I've never attempted to sue anyone), and told our realtor that. On the ride home, DW's insistence that it was the homeowner's fault prompted me to pose the question "are the homeowners liable?" to this forum. I just did not know. And the replies I received had an unexpected effect: It made me realize we all have a responsibility to watch where we are walking and it's on us to prevent mishaps. But more importantly, it made me realize I need to be DW's side, holding her hand in unfamiliar places (familiar places wouldn't hurt either).

It's been three days since DWs fall, and now when I think about it, I have no intention of asking the homeowners' insurance company for no fault compensation (I don't even know which company it is), but if it's offered, I would accept it and for no more than out of pocket expenses (excellent advice, by the way, to just concentrate on caring for DW and then re-examine how I feel after I have cooled off). Again, I appreciate everyone's input and concern.

[Walt34]

Quote:

Originally Posted by ocean view Just to add a bit of levity to this thread... 5 or 6 months following my only hospitalization, I received a call from the insurance company asking if someone else could be responsible for my “injury”. I replied yes. And then added that I had delivered a baby (c-section). I could hear the agent’s excitement in my first response and then deflation at my further explanation.<snip>

This one made me laugh. I've heard of paternity suits but having one brought by an insurance company would be a new one. I hope I'm not giving them any ideas....

[RetiredAndLovingIt]

I got one of these letters today on Kaiser letterhead from one of scumbag companies that started this whole scam. If they plan on suing me on behalf of Kaiser because my puppy jumped on me and knocked me backward into the bathtub and I hurt my back and shoulder, he's in for a fight....
The scary thing is when you google the company, then you can end up on other lawyers sites that are trying to sign you up as a client so they can grab a piece of any potential settlement. I really don't want to respond to this letter but I suppose I have to so I think I'll call Kaiser first and give them a piece of my mind.
This was not even the original reason for my visit to the urgent care at the time, I just asked if I could get an x-ray to be safe since the pain and bruising was still there after a couple of weeks.

https://www.claimsjournal.com/news/n.../11/263872.htm

[eytonxav]

I hope your DW recovers quickly. Being away from home like that must have made this injury even more scary. That said, based on what you described, if this had happened to me and my DW, I do not think the thought of suing the homeowner would even have occurred to me.

[RetMD21]

This is all in network (with traditional medicare and a supplement) so don't worry about that part. Sorry to hear about the fall. What a disaster

[gauss]

Maybe conduct the following thought experiment:

In your head turn the table on things. Pretend that you received a lawsuit notice out of the blue. Are you cool headed? Would this stress you until it is resolved? Would you want to have to deal with your insurance company and their lawyers to defend it?

I am not sure how angry you are at the homeowner, and I didn't read the whole thread, but this exercise might help to put things in perspective.

-gauss

[NateW]

Thank you Gauss. Yes, this thread has taught me a lot. I just got off the phone with the realtor we are working with (the one that was with us when DW fell). I asked her to convey to the homeowners we have no intention of any sort of legal action and consider this a wake-up call DW and I need to pay attention to what we are doing and especially where we are walking.

The realtor then told me the homeowners were quite worried about DW's condition and I said she (the realtor) may share with them that DW is doing much better and able to move about on her own and the pain and swelling are subsiding and we appreciate their concern.

[Sunset]

Quote:

Originally Posted by RetiredAndLovingIt I got one of these letters today on Kaiser letterhead from one of scumbag companies that started this whole scam. If they plan on suing me on behalf of Kaiser because my puppy jumped on me and knocked me backward into the bathtub and I hurt my back and shoulder, he's in for a fight.... The scary thing is when you google the company, then you can end up on other lawyers sites that are trying to sign you up as a client so they can grab a piece of any potential settlement. I really don't want to respond to this letter but I suppose I have to so I think I'll call Kaiser first and give them a piece of my mind. This was not even the original reason for my visit to the urgent care at the time, I just asked if I could get an x-ray to be safe since the pain and bruising was still there after a couple of weeks. https://www.claimsjournal.com/news/n.../11/263872.htm

When I went for surgery , in conversation I told the Anesthesiologist how I think I got the long ago injury from a wild barefoot water skiing accident.
Then he knocked me out.
A few weeks later I get a letter from the health insurance company wanting to know details of the accident or was my injury from an accident.

I realized then, the Anesthesiologist probably got a kickback to report accident injuries to the health company, so they could sue and get back some expense.

I just ignored the letter and the issue died. It made no difference to them paying for the care as that was their responsibility.

[BoodaGazelle]

Jarndyce vs Jarndyce

[Fermion]

I am sorry for your wife's injury but suing over something like this is morally wrong even if it is technically legal.

Save the lawsuits for real negligence, like a homeowner having a vicious dog that has previous history of biting people and gets out and seriously injures someone.

Concrete is an imperfect surface, subject to frost heave and other factors. It has probably protected a lot more people from injury falling in slippery mud than it has caused injury. It is not reasonable for a homeowner to have to repair a 1/2 difference every time the earth shifts a bit.

[Odot18]

So if she fell on public sidewalk would you sue the city? And for half an inch? Lmao...

Maybe pay attention next time... don’t blame someone for your own mistake, or you can join rest of the ambulance chasers in America.

[Dash man]

Just get their insurance information and file a claim. No need to get lawyers involved.

[NateW]

Quote:

Originally Posted by Fermion I am sorry for your wife's injury but suing over something like this is morally wrong even if it is technically legal. Save the lawsuits for real negligence, like a homeowner having a vicious dog that has previous history of biting people and gets out and seriously injures someone. Concrete is an imperfect surface, subject to frost heave and other factors. It has probably protected a lot more people from injury falling in slippery mud than it has caused injury. It is not reasonable for a homeowner to have to repair a 1/2 difference every time the earth shifts a bit.

Thanks Fermion; excellent advice.

[2cheap2eat]

Quote:

Originally Posted by Odot18 So if she fell on public sidewalk would you sue the city? And for half an inch? Lmao... Maybe pay attention next time... don’t blame someone for your own mistake, or you can join rest of the ambulance chasers in America.

Agreed, it’s an unfortunate accident, but seems like normal sidewalk separation, regardless if City or homeowner owned. It’s up to each person to take care reasonable care for themselves!

[CardsFan]

Quote:

Originally Posted by Odot18 So if she fell on public sidewalk would you sue the city? And for half an inch? Lmao... Maybe pay attention next time... don’t blame someone for your own mistake, or you can join rest of the ambulance chasers in America.

For the record, when we sold a house over 20 years ago, the city inspector cited us for a 1/2 inch settlement in the CITY sidewalk. Seems some where buried in the laws it was MY responsibility to maintain the city sidewalk. So I fixed it before selling. Looked ugly, but passed code.

Trust me if someone tripped over that and fell down, both we and the city would have been sued. Not saying it is right, but it is what happens.

[AbbA]

Quote:

Originally Posted by CowgirlUp I’m sorry your wife got hurt, but I do feel it’s her own responsibility to watch where she’s walking, uneven sidewalk or not. JMHO. I hope she has a speedy recovery.

I picked this quote but I could have picked any other on this thread (at least on the first page) stating that it's your own fault of falling or "How would you feel if someone sued you?".
I will not say how the OP should address this situation because I don't know, but what I find interesting is that when insurance questions are discussed, I would notice advice that people should insure for as much as they can because "you never know when you can get sued." Of course insurance agents will always try to upsell their policies. But now when situation in the OP sounds very legit, everybody advises against suing.
I'm thinking to myself that if the whole country thought and acted in the same way like people do on this forum, quite a few lawyers, judges, and insurance agents would become jobless. I've also heard or read stories about unscrupulous people frequently attempting to instigate a situation to get kind of hurt or incur some property damage so they can turn around and sue and make money... Wondering if the culture of a very litigative country helped "to create" unscrupulous people.

This is a very unfortunate situation. I hope it doesn't change your mind of retiring in the new area in case you like it there.

[gooddog]

And people wonder what has gone wrong in this country...

[rk911]

Quote:

Originally Posted by NateW This has to be one of the worst days of our lives. We drove 175 miles to look at a house for sale. We met the realtor at the house. The homeowners were present. DW and I looked at the inside of the house while the homeowners stayed outside on their deck. Then we went outside to look at the exterior of the house. After exiting the front door and porch and walking on the sidewalk towards the driveway, DW's foot stopped abruptly as it hit a section of the sidewalk that had separated and was about half an inch higher than the rest of the sidewalk. This tripped her. She fell full force on her face and began bleeding profusely from the nose as she sat up on the ground. She could not get up. I immediately applied slight pressure to her nose, and after about 15 seconds I determined this was very serious and yelled out to the homeowners to call 911. Paramedics arrived and got the bleeding under control. In addition, her glasses cut a small gash in the bridge of her nose, her forehead was all scraped up, her wrist was bruised and sprained from trying to break her fall and she hit her knee and could not bend it. I followed the ambulance to the hospital. In the ER, DW had 3 cat scans (one each of the spine, head, and face); and x-rays of her hand, wrist, and knee (4 views). Diagnosis: Open fracture of nasal bone (she broke her nose in 3 places, which may require surgery, it's too early to tell); injury of head; multiple abrasions; and a sprained wrist. Her glasses were also destroyed. I just pray we did not contract Covid because we were in the hospital ER for 4 hours! At the time of DWs fall, I did not realize two sections of the sidewalk were mismatched and different heights and thought DW's foot caught the pavement because she did not lift it up far enough (she tripped at home once in this manner), so I said to the homeowners she has fallen like this before, as a reassurance for them to not worry about us sueing, but in retrospect, I think this might be serious negligence on their part, and I should not have said anything. DW at some point pointed to the sidewalk sections and said she fell because one part "was about an inch higher than the other", and I looked at it and judged the separation to be about half an inch vertically. The homeowners are retired too (husband and wife, but older than us by a few years). The wife said her husband has fallen before. You would think that because of this, they would be aware of the danger their sidewalk presents and would have mentioned it to prospective buyers or had it fixed. I have no idea what this is going to cost us. Some of the medical services may be out of network (DW is on Medicare and has United Healthcare supplemental insurance). Are the homeowners liable for damages through negligence? What about pain and suffering? How would you handle this situation if it happened to you? We live in Virginia and the property is in Virginia, if that matters in terms of the law. Thanks,

my thoughts...

- sorry that you're going thru this and my wife and i hope your wife will be ok.

- if you have traditional medicare (parts A and B) and the supplement AND the hospital and the doctors both accept medicare there should be little out-of-pocket. that will largely depend on which supplememt plan you have. time enough later to worry about that.

- admissions on either side notwithstanding the isssue of liability shouldnbe discussed with an attorney. good luck.

but...to paraphrase an old joke...other than that Mrs. Lincoln did you like the house?