Legal Question in Personal Injury in Illinois
Driveway Fall
HI, my son hurt his knee and fell on our property, while helping us after we storm damage. He was get off the riding mower after the 4 trip of bring tree limbs and etc. to the front drvieway. He step off the riding mower and step on some rocks in our driveway and fell twisting his knee and badly damageing it. He will need surgery and has be out work due this. Our Insurnace company say we have no liablity in this case, just because it was rock drive and he fell on our property doesn't make us liabile. After storm it messed up our drvieway from the rains which they didn't ask ,they just ask what kind of driveway we had. And both my husband and son said rock with out details. Since it happened on our property and the drvieway was a mess from the storm but my son knew that, but he hurt himself anyway are they liabile and what do i need to my them understand this. He has to hav esurgery on his knee and will be out of work for several month, without an income all due to this accident at our house. Do we have to just accept the 1000. Medical part of our policy or can we somehow get them to also pay out some of our liabiaty part of insurance. We need some advice otherwise we will most likely have to file bankurty in the future.PleaseHELP
1 Answer from Attorneys
Re: Driveway Fall
Sometimes an accident is just an accident.
As a general rule, unless you are at work (worker's compensation) you need to show that someone was negligent or "caused" the injury to your son.
That "cause" can be the negligence of the property owner to keep the premises clear - since this was your property; it was your responsibility to keep the driveway clean (it is unfortunate that the accident occurred while you were in fact maintaining your property)
The "cause" can be the negligent act of a third party which resulted in an injury (such as failing to stop at a stop sign while operating a motor vehicle)
In this incident - it seems that no one is responsible for the accident other than you and your son.
Your home owner�s insurance policy should have a "medical payments" portion - that coverage is no-fault and should be paid by your insurance carrier towards any medical expenses.
Other than the medical-payments I cannot see any other avenue to recover for these injuries.
Good Luck.
MJB
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