Legal Question in Personal Injury in Michigan
Someone fell on my property
Someone from a Jehova Witness church came to my house, trying to get me to go to their church or even a Bible study. On the way out one person fell and at the time I thought had just a small scrape on her finger. Today her husband came by wanting our home owners insurance information because he said that his wife broke her thumb and can not work now. He said there was some way to do it to avoid even the deductible. So, here is what I want to know... 1 this person was not invited on my property, 2. I have a no solociting sign posted on my door but I was polite to them as I am to everyone. Shouldnt they be turning this in to their churches insurance company? Since they were on my property trying to recruit us to their church? And am I obligated to allow them to turn this into our home owners insurance? I guess, what are my responsibilities here?
Thank you for reading my question, I will appreciate any advice :)
2 Answers from Attorneys
Re: Someone fell on my property
The good news for you is that under recent Michigan case law unless there was something unique about the area where she fell, then the person who fell would be out of luck under the "open and obvious" doctrine. I am assuming she either fell walking down some steps or just your driveway. If she fell due to a crack or not looking where she was going, then she is out of luck.
However, the Christian thing to do might be to supply your Homeowner's Insurance information to them. It is likely the Insurance company will tell them they are out of luck for recovery. Basically, you are not liable for this fall unless there was something uniquely different about the spot where she fell from similarly situated homes.
If you have questions, please do not hesitate to contact my office by email or by phone (810) 874-6150. Thank you.
Re: Someone fell on my property
Simply because someone falls on your property does not mean they get a recovery. There must be some negligence on your part in order that they receive a recovery. On top of that, Michigan law is very strict in requiring that the defect not be "open and obvious". If there was some hidden defect that resulted in her fall, maybe she has something. Otherwise, she will not recover. What you should tell the husband, is that if he wants a recovery for his wife, he'll have to sue you. If he does, turn it over to your homeowners company. Chances are they will not recover a dime. William S. Stern 248-353-9400
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