Legal Question in Personal Injury in Tennessee
Property Injury
A individual who had done some yard work and gutter
cleaning for me in the past came to my houst last week
and asked for work. He trimmed a tree. During his
work, he and his friend were drinking, which I had no
knowledge of as they returned to their vehicle to
consume the alcohol. Shortly after indicating they
were leaving, one of the men climbed back up into the
tree, fell out, shattered his right elbow, broke 2
ribs and dislocated his shoulder. In my efforts to
help him back to the vehicle the smell of booze was
extremely prevalent and there was evidence in the car
that he had been drinking. The hospital has that on
record as well. Am I liable since the accident
occurred due to his negligence? Can I lose my
property if I'm sued for over what my homeowners
liablity is (100
2 Answers from Attorneys
Re: Property Injury
It's hard to tell how one of these cases will turn out. Certainly his drinking will give you some ammunition to defeat his claim. You must get in touch with your homeowners insurance immediately and let them know what has happened.
Re: Property Injury
You are not liable simply because he was hurt on your property. Premises liability law is quite complicated, but in Tennessee there must be some fault on the property owner's (your) part for there to be liablility. However, you should seriously consider immediately informing your homeowner's insurance carrier as there are notice requirements in all insurance policies.(Consult yours and I feel sure you will find such a requirement.) More than likely your insurance company will defend any personal injury action by hiring a lawyer for you. Then you can talk to that lawyer about the likelyhood of success. From the facts you have relayed I think you will get a favorable response from your counsel, but I will leave that up to him or her. Good luck.
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