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

[RunningBum]

To all talking about the sidewalk, the OP said:

After exiting the front door and porch and walking on the sidewalk towards the driveway,

This does not sound like the sidewalk by the road, but rather a walkway in front of the house to the driveway.

 

[NateW]

I have Medicare and a UHC Supplement, assuming you have Plan G there are no networks and you should be good there. I kind of agree with others, I would not sue.

The intake staff person at the hospital commented that there should be no problem with out of network charges with DW's coverage. She's a somewhat above average user of medical services, so we expect to pay policy deductibles and copays and have included this in our budget.

When my mother was alive, the last few years of her life were filled with doctor visits and hospital stays (chronic renal failure, and on dialysis) and she had Medicare and United Healthcare supplemental and I was surprised at how little she owed or paid for medical services. I had one $20 medical bill to take care of when settling her estate!

 

[HarveyS]

I would talk to an injury lawyer. Golden rule doesn't apply when you could be looking at long term medical issues.

I fell very bad for what happened. From the description it sounds like an accident.

Maybe the golden rule applies in accident situations?

 

[NateW]

Is the sidewalk a public right of way and city property? If it falls into disrepair, should the city be responsible for maintaining it?

That's not the sidewalk. It was from the front door to the side of the driveway.

The neighborhood the house was in had no public sidewalks and had narrow roads. And it was a gated lake community. We did not like the fact there were no sidewalks.

 

[NateW]

I predict a couple years of legal hassles.

I agree. And the venue would be Fluvanna County, VA, 175 miles from our home. Having been through two divorces (my 3rd marriage is truly a charm), I am done with courtroom drama.

 

[NateW]

I am sorry your wife was hurt and that you have to deal with this.

I think you should cool down for a few days and take some deep breaths and relax so you can make good decisions going forward. In another thread about your neighbors offensive wood smoke the very first thing you did was get the city inspector involved. It obviously wasn't a favorable way to start dealing with that situation. Now your first reaction to this situation is to find someone liable or negligent, find a lawyer and "sue the ba$tard$". It is horrible that this happened but it was an accident and nothing more. This is the very reason YOU have insurance. It's not like the sellers left a bunch of deck boards loose and not screwed down or didn't tell you about a wobbly spiral staircase. It was concrete sitting on the ground. Concrete shifts and moves along with the earth especially this time of year. I think your wife needs to be more aware of her surroundings.

I am sure the sellers are already devastated by this situation. They have probably already contacted their insurance company to warn them of the situation. I remember from your other smelly wood smoke thread that you don't like the chance of confrontation. If you find it necessary have the realtor that you dealt with make the initial contact with the sellers.

Looking back at yourself and the difficult situations you have come across during your lifetime do you think you have a history of overreacting?

Very good point 427Vette. Yes, the homeowners were quite upset and concerned. After I got to the hospital, the realtor called to check on DW and when speaking to the realtor, I told her the homeowners did not need to worry about being sued by us. That's the way I feel about the matter. It's an unfortunate accident, that's all.

Also, on the ride home DW said she felt the homeowners were at fault and should be sued. I then thought about the great wisdom of those who participate on the ER forum and I should ask the Forum.

Yes, the first couple of years of ER have not gone smoothly for us at all! It's been quite trying. Not relaxing and laid back, as we envisioned. It all began with a move to the country. Now we are trying to fix the move problem and this happens while looking for a new house!

 

[RunningBum]

I am not a lawyer. I believe their homeowner and umbrella (if they have it) insurance should cover the medical. I would pursue that. I would hope that doesn't require filing a lawsuit. If your wife makes a full recovery, that would be it. If you think it will cause long term issues, I'd be considering all options.

This is one of the reasons I carry umbrella insurance. I'd be losing a lot of sleep if I were the homeowner without it.

I took a similar fall last year at a cabin we were renting. Tripped on a very odd shaped hearth and hit my head hard on the cast iron stove. Plenty of blood and a huge black eye. Luckily my nurse GF was able to patch me up so no hospital expense and no lasting damage. The owner responded well and arranged a nice dinner at a restaurant we were already considering. I had no intention of suing, but would not have signed any kind of release of liability if he or his insurance company asked just in case it did turn out worse.

 

[MRG]

I predict a couple years of legal hassles.

+1
Not worth any aggravation. Focus on DW'S recovery. Very sorry she's hurt.

 

[pb4uski]

The sellers should probably report the incident to their insurance company. Their liability coverage might make you whole for any uncovered medical expenses and replacing the broken glasses and perhaps more without any need to go to court. You won't get anything for the insurer unless you ask.

 

[MrsHaloFIRE]

Brutal fall. Prayers for swift recovery

 

[ivinsfan]

Since we farm we have had occasional "accidents" mostly minor over the course of 4 decades. For the ones that required trips to the ER. I remember getting letters from BCBS asking is this claim the result of an accident or injury and if you answer yes, they ask for more details, I assume to see if they can make someone else pay the bill.

Since the incidents all happened while working on own farm for our own business, we would just drop the forms off at our insurance agent and that was the end of it.

I don't know if Medicare or SI generates these queries? Anyone have experience with this.

 

[NateW]

Can't help on the legal part but I do feel very bad for what has happened. I hope all goes well, and take one day at a time and things will fall into place what needs to be done.

Thank you Street. And a big thank you to all others who have expressed concerns and wished DW a speedy recovery.

What happened made me think about the importance of something I have not considered. One has to be careful when looking at houses. DW's mishap happened in a fraction of a second. Instantly she was on the ground. The realtor, walking ahead of DW didn't know it happened for a few seconds, and I saw it out of the corner of my eye because I was looking around the yard as we were walking.

Since I do most of our house repair and maintenance, I really look at houses. I like to see up in the attic, in the crawl space, etc.--places most buyers wouldn't look, saving that for the home inspector (I hire them too for peace of mind, but I have not had one yet where I didn't notice something major that they found. You do have more leverage in negotiations if the inspector finds a problem). This is with the owner's permission, of course. It pays to be extra cautious because you are in unfamiliar surroundings. I recall a couple years ago we were looking at a house in the Roanoke, VA area and the furnace and water heater were in the crawl space (which I later determined is a deal breaker for me because of difficult access). I wanted to go in the crawl space for a good look and the local realtor said there have been several instances of rattlesnakes taking up resistance in crawl spaces.

 

[garyt]

IANAL. Probably not.

The duty of care that a property owner is obliged to provide differs depending on whether the person in question is a welcome guest or an unwelcome one.

I don't think a property owner owes it to a guest to point out a 1/2 inch height difference in a sidewalk. Uneven concrete is something that most reasonable adults are aware of and pay attention to.

Your wife also has her own duty to be careful and pay attention in unfamiliar surroundings, especially if she is unsteady on her feet.

One way you could simply find out if you have a decent case or not is to call a couple of personal injury lawyers in your state and see if they're interested in the case. I doubt you do, but I could be wrong.

What you might do is see if the out-of-network determination can be waived because it was an emergency situation.

If you're angry about your wife getting hurt and the medical bills, I think that's definitely understandable. And when I get upset I do start thinking about suing someone who I think might be responsible. Usually I cool off after a week or so. I'd let it go and try to be more careful in the future.

Agree

 

[38Chevy454]

Very sorry to hear of the bad fall and the injuries. I am sure your wife is not feeling so good today, as it usually takes about 2 days for swelling to max out, then starts to subside. Agree that concentrate on helping her feel better and her recovery.
As to the insurance, i believe the homeowners insurance may just cover the medical expenses, at least to the extent the medical payments coverage on the policy. Your health insurance is what takes precedence, then your ins may go after some reimbursement is how I think it works. I also think it is just an unfortunate accident, and there was not negligence on part of the homeowners. As stated earlier, golden rule is a good guidance here. Although that never prevented any "slip and fall" lawyer from taking a case.

 

[kjpliny]

If you can sue over a half inch height difference of a walk or path, you can sue over a step that you "didn't see". I don't think the homeowners should be responsible for the injury due to their negligence in maintaining a perfectly level walking surface. There are lots of homes with all sorts of terrain for walking...stepping stones, gravel, yards with holes. Be careful out there.

I hope your wife recovers and heals quickly.

 

[youbet]

If you can sue over a half inch height difference of a walk or path, you can sue over a step that you "didn't see".

And indeed you can sue over either of those situations. Outcomes can be highly variable from one case to the other, even if the circumstances are similar. We aren't widely described as a "litigious" society for nuttin' ! Late night TV in our area seems to be almost totally sponsored by personal injury legal firms promising big settlements.

In OP's situation, I wouldn't sue for, or chase in any way, compensation beyond any out-of-pocket expenses incurred. And I liked OP's thoughts that going forward he would be more conscious of his DW's propensity to stumble due to her artificial knees, etc. Our oldest grandson is afflicted with cerebral palsy and when we're out with him, we always take his unsteadiness into account and pay attention 100% off the time.

 

[MarieIG]

My condolences for your DW's injuries.

 

[NateW]

So sorry this happened to your DW. I once had a bad fall as a result of a pot hole in a parking lot. I called a of couple of those injury lawyers here in VA who both told me that as long as the area was visible to me, I didn’t have a case. I had a duty to watch where I was putting my feet.

Thank you Letj; Very helpful. I hope you have fully mended from your fall.

 

[badatmath]

I would think insurance will ask if this was the result of an accident and pursue seeking damages from the HO policy regardless. Just a guess though.

 

[ATX78701]

Yikes! So sorry that happened to your DW.

Agree with the others. Wait and let emotions cool down.

I’m curious - what was the impression of the house (other than the tripping incident)? Is/was it something you would put an offer on? With a drive of over 175 miles, there must have been something piquing your interest with the house. Can the incident be used as [-]leverage[/-] a discussion point to get a better deal on the house?

 

[NateW]

Yeah, so sorry this happened. And of course we all need to watch where we are walking but this is why people carry homeowners insurance. The owners should contact their insurance carrier who should step up if they have coverage. You might not need to sue and get lawyers involved. That means there is a dispute, so don’t start there but see if the insurance will cover it.

Thanks Retired Xpat. If they offer, I would accept, but won't push it if they don't.

 

[NateW]

Wow that sounds like a horrible fall, and very scary. As most of us find out the hard way, head injuries bleed profusely which exacerbates the alarm.

So two things: Sidewalk - where I live that's the county's responsibility. I have to keep them clean, because they are in my property line, but repairs and uneven pavement are the county's job. Not the homeowner. Different jurisdictions might have other rules, city, county, state, etc.

Your wife does walk with a bit of a low scuff - she's fallen before. I do that, some shoes worse than others. I'm more prone to tripping and catching my foot on something than other people. I'm the one who gets static shocked all the time because of it. I'd probably face plant if I didn't see a 1" raise in a sidewalk.

My advice would be put this all out of your mind for the next 30 days. Don't bring up suing with your wife, if she does, refocus the discussion on her getting better. Deal with all of that, and once she's healed up then see how you feel.

Then if you're still inclined, talk to a local injury lawyer. You likely have at least 6 months or longer to file if you decide to go that route. I think this just gets chalked up to an unfortunate accident, vs. provable negligence, but I'm no lawyer.

Thank you Aerides. Yes, I'll concentrate on DW's care.

DW's arthritis and knee replacement cause her to not pick up her feet very high while walking. She can do it if navigating something uneven. As mentioned here, she needs to pay attention to what is in front of her feet. And I've just learned I need to make sure she does. I'm the younger and by far more agile one (I still go up on extension ladders to fix stuff, but probably shouldn't.

 

[NateW]

To all talking about the sidewalk, the OP said:

This does not sound like the sidewalk by the road, but rather a walkway in front of the house to the driveway.

Yes, that's correct. There are no public sidewalks in this neighborhood (one of its detractions we thought).

 

[NateW]

I am not a lawyer. I believe their homeowner and umbrella (if they have it) insurance should cover the medical. I would pursue that. I would hope that doesn't require filing a lawsuit. If your wife makes a full recovery, that would be it. If you think it will cause long term issues, I'd be considering all options.

This is one of the reasons I carry umbrella insurance. I'd be losing a lot of sleep if I were the homeowner without it.

I took a similar fall last year at a cabin we were renting. Tripped on a very odd shaped hearth and hit my head hard on the cast iron stove. Plenty of blood and a huge black eye. Luckily my nurse GF was able to patch me up so no hospital expense and no lasting damage. The owner responded well and arranged a nice dinner at a restaurant we were already considering. I had no intention of suing, but would not have signed any kind of release of liability if he or his insurance company asked just in case it did turn out worse.

Good point, something to keep in mind (the text I bolded). She may need surgery (her ENT needs to evaluate her), but if all turns out ok, that's still no reason to sue. I do know in auto accidents, sometimes medical issues related to the accident happen a good while afterwards.

 

[Aerides]

Yes, that's correct. There are no public sidewalks in this neighborhood (one of its detractions we thought).

Ah so this is basically a pathway, part of the homeowner's landscaping, not in the easement. So not really what most of us would consider a sidewalk.

Still, your insurance will probably guide you here as they will be SUPER happy to find a reason to get another companies policy involved.