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A Chinese food delivery man stepped on a nail in our yard.

Customer Question
He was not walking on...
A Chinese food delivery man stepped on a nail in our yard. He was not walking on the walkway at the time. He is now saying we need to pay the hospital bill for the ER visit. He states he did not file a workers comp fine claim because "I only work part time". Are we responsible for his bill?
Submitted: 2 years ago.Category: Legal
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Answered in 10 minutes by:
1/17/2016
Lawyer: Chris T., JD, Attorney replied 2 years ago
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,833
Experience: Experienced in both state and federal court.
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Hello. I'll be happy to assist you.

The short answer is that you MAY be responsible, but I tend to lean that you are not. An invitee, such as a delivery person, is someone who is invited onto the property of another. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises. The question here is whether you took "reasonable" measures to ensure the safety of people on your property. In this case, there are a couple of things in your favor. First off, you are held to a lower standard when it is something you were unaware of, like a nail in your yard (unless you knew there were nails in your yard). Second, you would not ordinarily expect a delivery person to walk across the yard when there is a suitable sidewalk and paved path to your door.

I wish I could tell you that his claim is baseless, but it is a bit closer call than you might expect it to be. My suggestion is that you contact your homeowner's insurance and let them know, but I think you will likely not be liable.

I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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