what is the best defense against a personal injury alleged by a PA independent contractor working for Courier Express Inc. in claiming he sustained an injury on our property in the delivery of a 5 pound package purchased from Office Depot supplies. i have given it to my homeowner's insurance but i feel this is not right and the contractor and Courier express have an obligation to deliver packages safely. the weather conditions were normal and there were no witnesses. how do we protect ourselves from this type of claim?
State/Country relating to question: Pennsylvania
turned it over to homeowner's insurance to deal with. Am contemplating calling Courier Express and Office Depot and requesting office depot change to a carrier who can deliver packages safely. Am also planning to request this person and this company never come on my property again without our permission.
Planning to use social media to get message out to other consumers so they are aware.
Thank you for your question. I happen to be a Pennsylvania licensed expert who will do his best to assist you.The best defense right now is simply to get your insurance carrier involved and have them investigate whether or not the injury or the claim is frivolous or not. Without knowing more, or the history of the carrier, the scope of injuries, his claim of how the injuries took place, you cannot yet build a defense as you simply do not know enough. I would also suggest you reconsider making this public via social media until all the facts are known simply because it would make the other side more intractable and likely less willing to drop the suit if it is found to be baseless. As a property owner you are liable for any slip-and-fall provided the person was utilizing general duty of care. Even if he tripped on a blade of grass but this is your land, provided he didn't attempt to trip and was walking correctly otherwise, you are liable for the injuries. I agree that it is unfair to place such a burden on you as a home-owner, but this is exactly why homeowners insurance is supposed to exist.Good luck.Dimitry Esquire40986.0422655093
i am good with the answer...i was hoping that sttorney would say PA law requires contractor to have 50,000 in liability insurance which would take care of his claim.
Thank you for your follow-up.My apologies but even if the contractor has had liability insurance (something I do not see as required under PA law), because the injury took place on your property, your insurance carrier would be the first party to be pursued for this claim, not his liability insurance. His would be pursued if he fall on the sidewalk or in the middle of the street, not on your property.Good luck.Dimitry Esquire40986.0576101505
I provide basic personal injury advice to my clients in my own practice.
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