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Can I sue this homeowner?
I was working for a company that sent me to a house to do some second story soffit repair. Due to a defective ladder that collapsed, I fail two stories and suffered very serious injury. Turns out that my employer did not have work-mans comp. Could I sue the homeowners insurance? I know that she did not do anything to contribute to the accident; however, is this not one of the reasons that we have property insurance? It is a non-owner occupied home, if that would make a difference in the insurance coverage. The ladder is a separate lawsuit within itself as well as my employer’s non-compliance with worker’s compensation laws. Would I get a separate attorney to sue the home owner? If so, what type of attorney should I seek for this case? What would be the ramifications to the homeowner? I am not out to hurt her, just to recover for my current / future pain and lost earnings.
In order to collect under the home owners liability coverage the home owner has to have been negligent and that negligence has to have been the proximate cause of your injury.
And no this is NOT why you have homeowners insurance.
I do not pay homeowners premium so contractors that hire and pay a lot of money to perform services for me can sue me if they hurt themselves using their own equipment.
You are not “out to hurt her” my eye!
You don’t sue the homeowner insurance. YOU SUE THE HOMEOWNER!
YOU were the one using the ladder.
YOU were the one that set the ladder up.
YOU were the one who had a responsibility to check your ladder before climbing it.
I use a ladder regularly to get onto the roofs of houses to check shingles for hail damage. I MAKE A POINT TO CHECK MY LADDER EACH AND EVERY TIME I USE IT BEFORE I CLIMB IT!
You have no cause of action against the homeowner or under the liability portion of her homeowners insurance.
At best, you may be able to file a claim under the homeowners Medical Payments coverage. It depends on the terms of the policy as to if you would be able to recover. Medical Payments does not pay for pain and suffering. It does not pay lost wages (past, present or future). It does pay for medical bills incurred as the result of a covered incident up to the policy limit. Med Pay limits tend to be no more than 5000.
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