Legal Question in Insurance Law in Kentucky

sued from a fall down stairs

I am being sued by a person who fell down my stairs. I was on vacation at the time and do not know for sure if the person was even at my home. My insurance company offered the person $1000 as a standard for any accident on my property. This person has some severe injury due to the fall which required surgery to repair. This persons attorney is asking to take pictures of my stairway and other areas of the house. the stairway is carpet (1 year old). But did not have a handrail. There was no handrail there when I purchased the home 2 years ago. This person has been in my home and on this stairway many times befor (over 50). The insurance company will not provide me with an attorney untill the person officially files suit. I have only recieved letters from the persons attorney so far. Should I allow the attorney in my house to take the pictures? Should I be doing anything to protect myself if my insurance coverage is less than what this person is awarded in a court? should I trust the insurance company or do I need to hire a lawyer on my own?


Asked on 3/29/07, 3:05 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: sued from a fall down stairs

First, you would be wise to not allow photos to be taken or make any statement regarding the accident or condition of your house without an attorney representing you at this time.

Second, much of what you are asking can involve what your policy says and what insurance company you have. In a situation like this, there is probably some risk of being liable for an excess judgment (judgment over the policy limit) but there is no way to tell how big or small that risk is without reviewing the entire set of facts and your policy.

In the majority of cases, people come out just fine with the attorney paid for by the insurance company. In Kentucky there is case law indicating that you, the insured, is the client of the attorney and not the insurance company.

That being said, if it were me, I would be willing to spend two or three hundred dollars to get an attorney to review the situation and advise me of the potential risks.

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Answered on 3/29/07, 9:08 am


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