Legal Question in Personal Injury in California
I recently fell from the roof at my parent�s house (I do not live there). My mother called me in the morning and asked if I would come over to look at her roof where she thought there was a loose vent. It had been raining and she is in need of a new roof. She had previously hired someone to cover her entire roof with plastic to protect it from the rain until she could get it replaced.
I arrived at her home and climbed onto the roof using her ladder. Some of the plastic had come up (she had heard the noise and thought it was a loose vent). I was up there for less than 5 minutes when I tripped on an exposed nail, lost my balance, slipped on the shake and fell off the roof. I fell approximately 10 feet onto my left hip and landed on cement stepping stones. I could not stand so my family called 911. The ambulance took me to the ER and I was seen (Bad bruising, maybe small fracture� Dr couldn�t tell for sure).
Mom called her Homeowner�s Insurance to file a claim to cover my medical bills. Her agent called me and informed me that it sounds like a not-at-fault injury because I assumed liability by going on the roof. Is this correct? Thanks!
1 Answer from Attorneys
Under California law if you want to sue your mother, her insurance company can ARGUE that you were at fault and not your mother. Your mother should not have asked you to go on the roof asuming you are not a roof contractor. In that sense your mother was negligent. On the other hand, you were probably also negligent. Under California you can recover that percent of your damages (medical bills, pain and suffering, lost wages) that was due to your mother's negligence when compared to your own. For example, if the case went to trial and a jury said you were 75% at fault and your mother was 25% at fault, you would get 25% of your damages. However, if might not sit well with the jury that you were nominally suing your mother. If your damages turn out to be large I would suggest you pursue your case.
It is also possible that your mother's homeowner's insurance has a certain amount, usually a low amount of insurance, to pay for medical bills incurred by guest regardless of fault. I discuss trip/slip and fall injuries on my website, www.accidentawardslasvegas.com, however, in Nevada, unlike California, if you are more than 50% at fault you get nothing.
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