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Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2107
Experience:  Practicing Attorney with 10 years experience
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I am a private homeowner in North Carolina. I had a tenant

Customer Question

Hi, I am a private homeowner in North Carolina. I had a tenant (rents from me in Virginia) helping me in my yard (in North Carolina) this evening. We were attempting to unclog a French drain. My yard was muddy from rain and from where the drain had been stopped. In any event, the gentleman who was helping me is a "handyman" and I am unsure as to what type of insurance, if any, he had/has.
In any event, he slipped in the mud, fell and broke his ankle. I have homeowner's insurance with Nationwide.
1. Am I liable financially for his fall?
2. Do most insurance policies cover this type of accident?
3. Is there anything at this stage that I can do to prevent or mitigate my losses?
4. I was thinking about giving him one month of rent for free, not admitting any fault, but instead because I feel bad. Is this a bad idea?
5. Any other advice you can offer to will be greatly appreciated.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 1 year ago.

Thank you for signing up for our service. I am sorry to hear about the accident.

1. Am I liable financially for his fall? Yes, under either a theory of premises liability or liability while performing services for you.
2. Do most insurance policies cover this type of accident? Policies vary. You should look at your actual policy to see what sort of premises liability coverage you have.
3. Is there anything at this stage that I can do to prevent or mitigate my losses? You should notify your insurance company of this possible claim.
4. I was thinking about giving him one month of rent for free, not admitting any fault, but instead because I feel bad. Is this a bad idea? At this point, do not offer anything or admit liability. He may use his own health insurance to cover his damages. That is not likely but any offer could be deemed or used against you as an admission of guilt. Once he makes a claim or demand, then you can offer the free rent or offer to cover medical costs or if your policy will cover his injury then just defer to them.
5. Any other advice you can offer to will be greatly appreciated. First thing is to review your homeowners' insurance policy for any protections. If there is coverage, wait for him to make a claim and then provide the information. If your insurance policy does not cover this, then acting through an attorney try to negotiate some sort of settlement where you perhaps waive rent and cover his medical damages.

Expert:  Asad Rahman replied 1 year ago.

If you need further assistance, just let me know. Otherwise, please "accept" the answer and if you like offer a positive rating so that I can close out the question from the queue.

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