Legal Question in Real Estate Law in Maryland
I was at a friends house, and As I was leaving, I tripped over a hose that was left out on the walkway and I broke my foot. I had a few beers that night but I was not intoxicated! Does drinking have any affect in this? I'm trying to claim lost wages on her home owners insurance.
When I spoke ro insurance company ( travelers) he asked if I had been drinking before and during my duration with my friend. I was honest and told them 2-3 beers out and then we returned home and I had 1-2 at the home. This was the course of 6 hours.
Thank you for your time
Colleen
1 Answer from Attorneys
Your post raises the implied question as to whether the owner would be responsible for your injury on his/her premises. The owner/host likely had a duty to warn about hidden dangers no one could reasonably discover but may not have had an obligation to keep guests safe from all potential harm. In any event you would need to establish that the owner had a legal duty which she breached. From your post it is not clear whether or not you could establish some legal wrong / negligence for which insurance coverage exists. These types of situations are very fact specific.
Your post also raises the issue of an injured person contributing in some way to the accident occurring. Maryland recognizes a legal doctrine called contributory negligence. That means if someone contributed to their accident they are generally barred from recovery. For instance, if an obstacle was laying in plain view, a sober person might see the object and take steps to avoid it (walk around it, step over it, etc). Alcohol might impair one's ability to recognize and respond to obstacles but it is not the only way someone can be found contributorily negligent.
While the specific facts of your situation may affect how these general legal principles apply, I hope that this helps address your questions.