Legal Question in Insurance Law in New Mexico

homeowner injured at home

husband fell 15ft off ladder trimming tree in front yard because of an ordinance requirement, he suffered extreme injuries will be in wheelchair and crushed his left side, homeowners insurance doesn't cover homeowner for any injuries? We also have a commerical liability policy for a home based business would that cover anything? We have health insurance but he's self employed and wont be able to work any longer. Disappointed all the money we pay in insurance and it covers everyone but us.


Asked on 2/25/06, 8:22 am

2 Answers from Attorneys

Richard McLeod McLeod & Heinrichs

Re: homeowner injured at home

Insurance indeed may not cover the injuries, but that doesn't change that fact that given the grievous injuries your husband's case should be intensly reviewed by competent counsel.

Issues to consider:

1. Homeowner's insurance, including whether medical payments clause applies.

2. Business insurance.

3. Product liabiility issues - was the ladder proper, including warnings?

4. Insurance broker liability - if the insurance you did have fails to cover the injuries, is it because the broker failed to provide or recommend the right coverage?

I don't mean to suggest that any of these avenues will succeed. But in a case of such tragic injuries, they should all be investigated. Good luck and best wishes. If you want to discuss this, email me at richmcleod mclaw.com, or call 800 9McLeod. Rich McLeod

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Answered on 2/25/06, 8:30 am
Steven Murray Steven W. Murray, APC

Re: homeowner injured at home

You should have a lawyer determine whether your husband - or you or your children - could assert an injury claims against any other person, including a family member, which might be covered by either policy. This is in addition to reviewing the possible liability of the ladder mfg., or others involved.

And because of the home based business, check if a workers' compensation claim is possible. Maintenance of an office is a work related activity.

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Answered on 2/25/06, 12:42 pm


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