Legal Question in Personal Injury in California

Hernia on a roof

On January 5th, 2001, I arrived at a clients home to do the weekly yard service. A week previous my client insisted I clean her roof top and gutters. It is NOT a service in my job description nor is it a service I provide as I have a reconstructed knee. Climbing is extremely difficult. I borrowed her ladder to climb, and while blowing the roof I fell hard and did a 180 degree split which caused an inguinal hernia. I lost wages, bid jobs and had surgery which totaled $6,800 I asked for this amount from her insurance Now I have been told by State Farm they are not liable and had I fallen through the roof they would consider it, but this is just a case of my falling down and I should have taken better care on the roof. Lastly he asked me if she put a gun to my head and because she didn't, they weren't liable. I have only four days until the statute is up for one year. I am considering small claims. PLEASE advise. Thank you very much.


Asked on 12/28/01, 2:28 am

2 Answers from Attorneys
Joseph Low IV Joseph Hawkins Low IV & Associates

Re: Hernia on a roof

I have several questions for you, but I am pretty sure that you have a case against her and her insurance carrier.

Depending on the type of business you either own or work for you may have a worker compensation case or a third party liability case.

However, you may have a better insurance bad faith case.

I urge you to contact your attorney or me at the address listed below so that a thorough analysis, which I will do for free, can be done. There is not enough information in your paragraph as submitted.

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Answered on 1/02/02, 8:52 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Hernia on a roof

I think in the end you will find that state farm is right.

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Answered on 1/03/02, 1:21 am


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