Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer!I am sorry to learn of these circumstances. What was the cause of the fall?
The rope broke
And help me understand why that is the fault of your uncle?
It was his property shouldnt his homeowners insurance cover something. He asked my husband to help him and trim the tree
Homeowner's insurance covers a lot of things but not all things.
Your husband has nothing to lose by making a claim on the homeowner's policy.
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.
There can be many defenses to a negligence action, including: assumption of risk, contributory negligence, open and obvious, etc.
Is there anything else that I can assist with?
so basically he chose to go into the tree so there is no liability on the homeowner or insurance
That is one of the defenses, yes.
ok thank you
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.
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.