Can I be sued for someone else’s actions?
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Can I be sued for someone else’s actions?
A friend of my daughter’s offered to help us put up hurricane shutters in our 2 story townhouse. He was clearly told via text message that we have no ladder but that the shutters can in fact be installed from the inside. He came over and climbed out one of the upstairs windows to install them from the outside after I told him not to. I demanded at that point that he climb back in and finish them from the inside. Well, he laughed as if he thought I was being
ridiculous and instead popped in the last shutter and from the outside yelled,
Asked on September 18, 2017 under Personal Injury, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are liable because he was injured on your property. Your liability would include his medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss. Refer the matter to your homeowner's insurance carrier.
If the case is NOT settled and you are sued, assert the defenses of contributory negligence and assumption of the risk.
Contributory negligence means he contributed to his own injury by jumping from the second floor.
Assumption of the risk means he recognized and understood the danger of jumping and voluntarily chose to encounter it.
Either or both of these defenses, if successful will bar his claim.
If the case is NOT settled with your homeowner's insurance carrier and you are sued, your homeowner's insurance carrier will provide you with an attorney at no cost to you.
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