Legal Question in Personal Injury in California
Injured by falling dry wall!
I live in my mother in laws home. I was helping her out by moving some boxes into her garage. I moved a large piece of dry wall that was placed hap hazardly( to retreive a dolly I needed to move the boxes)by a man who's doing construction on her home. I turned my back and the dry wall fell over on top of me. My neck was hurting so I went to my doctor who told me, I had whiplash. He perscribed ibuprofen and said apply cold and hot therapy to my neck and shoulder.
My question is should my mother in laws home owners insurance compensate me for my pain? And for possible therapy? I have three children and it has been really painful to do my everyday chores and take care of my two little ones.
5 Answers from Attorneys
Re: Injured by falling dry wall!
Let's get this straight. You live in your mother-in-law's house (probably rent free?) YOU moved a piece of drywall. Because of the way YOU placed the drywall, it fell on you. Now you want to sue your mother-in-law for "pain and suffering" caused by your own placement of the drywall?
Why do you possibly think that you should recover for your own negligence? I don't want to seem rude, but my advice is take two aspirin, grow up, and get on with your life.
Re: Injured by falling dry wall!
If you moved the drywall, you'd likely be at fault for it falling on you. If there is a claim, it seems more likely against the contractor than against your mother-in-law.
Even if there is a claim against her, there's probably an exclusion in the policy for people living in the home, and maybe even close family members.
Still, opinions may differ, so check with attorneys to get several opinions on your possible case.
Re: Injured by falling dry wall!
Notify the insurance co.
Re: Injured by falling dry wall!
Thank you for your posted inquiry.
Although you can certainly make a claim against the homeowner's insurance, you should check the policy carefully. As mentioned, there may be exclusions. You can also sue the contractor.
I can't say that you have the strongest case, since you were the person that moved the drywall, and your injuries don't seem to be above the small claims limit ($5,000) in medical bills.
I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.
Re: Injured by falling dry wall!
You can make a claim against her insurance if you don't mind having to sue her if they won't pay. If you want to hire counsel to handle your claim, contact me.
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