Legal Question in Personal Injury in California

Contracted Disease from Garage-Is Homeowner's Insurance Liable?

I recently found out that I have contracted ''Chagas Diseas'', or ''American Trypanosomiasis'' while helping my brother move. I had opened a box filled with insects in the garage. My hands were covered with the dust and debris of these insects and some of the feces entered into my system through a puncture wound that was on the palm of my hand (also injured while helping at same location). Can I file a claim with the homeower's insurance company for medical bills and pain and suffering?


Asked on 1/29/03, 5:26 pm

4 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Contracted Disease from Garage-Is Homeowner's Insurance Liable?

it may depend on what the HOA insurance policy covers versus if your brother was negligent versus whether or not you may have assumed the risk or been contributorily negligent yourself by not exercising due care before attempting to move "old boxes" that had been stored for awhile. i would need more facts to further assist you. [email protected]

562-743-1357

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Answered on 2/03/03, 7:28 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Contracted Disease from Garage-Is Homeowner's Insurance Liable?

Generally speaking, only the policyholder can file a claim. If your brother or a member of his household was injured in the home then he could file such a claim. If a third party -- including a close relative like yourself -- is injured, then the insurance will only pay if this type of injury is covered under the liability portion of the policy. In other words, the policy probably provides insurance against certain types of legal action and, if your case is of a type which would be covered by the policy were you to file suit, he might be able to get the insurer to settle with you.

You might want to have a lawyer look over the policy with you and your brother. If need be, you might also want to have the lawyer write the demand letter to the insurer.

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Answered on 2/03/03, 7:50 pm
Terry A. Nelson Nelson & Lawless

Re: Contracted Disease from Garage-Is Homeowner's Insurance Liable?

If he has homeowners, you should document your medical condition with dr reports, and hire an attorney to make that claim, if you have a serious and/or costly medical problem now. Contact me if interested.

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Answered on 2/03/03, 8:27 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Contracted Disease from Garage-Is Homeowner's Insurance Liable?

Yes.

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Answered on 2/06/03, 9:20 pm


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