can i sue his home owners inc. ?

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can i sue his home owners inc. ?

got hurt helping landlord on his personal property fell off a16-footladder
helping him cut tree limbs what should i do my arm is broke my arm had surgery
plus my neck lower back are hurt can’t pay rent ?

Asked on May 6, 2016 under Personal Injury, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your landlord's insurer is not *your* insurer: that is, it would only have to pay you compensation if your landlord would be liable for your injury. And your landlord would only be liable if at fault in causing your injury...so if you were using landlord's ladder and you fell because it was a broken or rickety ladder which he'd given you to use, or because the landlord bumped you or the ladder, causng you to fall, then the landlord may be liable. In that case, the landlord or his insurer may offer you a settlement; and if they don't, you could sue your landlord (you sue the landlord, not the insurer) with a reasonable chance of success. But if the landlord was not at fault in causing you to fall, then the fact that you were on his property or helping him cut tree limbs does NOT make him or his insurer liable. Fault is necessary for liability; without fault, there there is no liability or obligation to pay.


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