Legal Question in Insurance Law in Florida

Re: Can a victim sue the home owner?

Actually, this relates to tort liability rather than insurance coverage - which is a bit out of my area. The question will, of course, be just what legal "duty" the homeowner had, which will depend largely upon the facts, and a little bit of research.

As far as coverage goes, presumably the homeowner's policy has medical payments coverage, which should apply. As far as liability coverage goes, it will be a matter of checking the policy to see if it has an "assault and battery" exclusion; if it does, then it would seem that coverage under the policy is unlikely. If it doesn't, then there is a good chance that coverage would be available - although the insurance companies often try to disclaim coverage based upon intentional injury exclusions and/or the definition of "occurrence," neither should apply. Of course, as with all insurance coverage issues, the policy has to be read very carelully and its language compared to the facts of the case and the case law before any real opinions can be formulated.

I hope this is of some assistance.

Larry

Re: Can a victim sue the home owner?

In one word: YES. You should also ask if there is a Homeowners insurance policy. Many have coverage for medical payments irrespective of fault for$1,000, $5,000 or $10,000.

Re: Can a victim sue the home owner?

If the home owner knew or should have known of the forseeability of the incident a claim may be able to be made.