Legal Question in Personal Injury in Texas
Personal Injury on Private Property
Greetngs, My Dad has passed away. I'm the Independent Executor of his Will. At my Dad's house, I hired a neighborhood worker who was very friendly to haul off alot of junk form my Dad's house. My Dad has homeowner's insurance. The neighborhood worker is now unfriendly, and making statements of being injured upon my Dad's property. What can I do to protect my Dad's Estate from being sued, and what protection do I have with the homeowners insurance?
1 Answer from Attorneys
Re: Personal Injury on Private Property
Ordinarily the standard home owners policy has liability coverage for claims asserted as a result of injuries on the insured property. However, for liability coverage to apply, the claimant must show that the insured was negligent and that the negligence caused the injury. You should give written notification to your home owners insurance carrier of the claim. If you get sued, they should take care of the problem, and the insurance company will either defend the claim if the estate is sued or settle it if you are at fault.
Unless there is some hidden hazard that you knew about and he did not know about, it is difficult to visualize how you could be negligent. It is possible that he is claiming some "employee" status. I will assume that he is an independent contractor. A home owners policy is not a substitute for worker's compensation insurance. On the other hand, even an employee of an employer without worker's compensation insurance, must still prove negligence and causation.