Legal Question in Personal Injury in Georgia
I rent the home I live in, I fell in a hole in the front yard and broke my ankle. The hole was caused by the homeowner removing a tree and not filling the hole in, and the hole was covered by leaves. I pay extra monthly for lawn mowing and the lawn has been mowed once since I moved in in October. The landlord says that my renter's insurance would be responsible should I decide to file a claim. I say that the landlord's homeowner's insurance would be responsible. Thank you.
3 Answers from Attorneys
Do you have a question? No one here has the polices, and you certainly should know what your insurance covers. Beyond that, no one here can determine fault based on your post. Was the tree removed completely without your knowledge, and covered with leaves, or did you know the tree was removed and know there was a hole there? Were you watching where you were going before you fell?
You are right. This is a liability claim against the owner of the property and his liability insurer.What you have described is a "mantrap" under Georgia law. This is the type of claim referred to in the industry as a "premises liability claim." You have to prove negligence on the part of the owner and several other things (actual or constructive notice to the owner of the defect, etc.). Most lawyers do not know how to handle this type of case and will screw it up. You have to get an attorney who is an expert at personal injury matters, particularly premises liability, who understands insurance policies. It also is possible that you may have what is termed "med-pay" coverage under your own renters policy or possibly under the homeowners policy of the owner. This coverage pays for medical bills without regard to fault.. The lawyer needs to look into that for you. Good Luck!
Ronald is correct. Your course of action also will be dictated in part by the size of the medical bills. If they are significant, you want legal counsel.