How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
14211116
Type Your Legal Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

My husband fell 4oft out of my Uncles Tree tring to trim it

Resolved Question:

My husband fell 4oft out of my Uncles Tree tring to trim it for him. He is now out of work for atleast 6months. Can we sue
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.

JB Umphrey :

Thank you for using JustAnswer!

I am sorry to learn of these circumstances. What was the cause of the fall?

Customer:

The rope broke

JB Umphrey :

And help me understand why that is the fault of your uncle?

Customer:

It was his property shouldnt his homeowners insurance cover something. He asked my husband to help him and trim the tree

JB Umphrey :

Homeowner's insurance covers a lot of things but not all things.

JB Umphrey :

Your husband has nothing to lose by making a claim on the homeowner's policy.

JB Umphrey :

As a general matter, when suing under the theory of negligence, one has to prove:
1. Legal duty (a duty that your uncle had to your husband).
2. Breach of duty.
3. Damages.
4. Proximate causation -- showing that your husband's damages were the result of the uncle's breach of legal duty to your husband.

JB Umphrey :

There can be many defenses to a negligence action, including: assumption of risk, contributory negligence, open and obvious, etc.

JB Umphrey :

Is there anything else that I can assist with?

Customer:

so basically he chose to go into the tree so there is no liability on the homeowner or insurance

JB Umphrey :

That is one of the defenses, yes.

Customer:

ok thank you

JB Umphrey :

This isn't a situation where, say, he was going up/down the stairs, one of the steps had a hidden defect and down he went.

JB Umphrey :

If you have a follow-up question, please reply and ask it.


If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

JB Umphrey and 9 other Legal Specialists are ready to help you