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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2166
Experience:  Practicing Attorney with 10 years experience
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I went out to a patients home to do a treatment since i am a

Customer Question

i went out to a patients home to do a treatment since i am a health care provider who does home health. i had been there once before and when entering the property one of the family members open the gate manually for me. the mother of the patient stated that they had stray dogs on the property that ran around.. i went out a second time several weeks later to do business with the family, the gate was open about 4 feet. since i knew there were dogs on the property, i gently drove through with my car and went inside. the family came in and got mad and ordered me off the property since according to them i broke their electronic fence by pushing the gate open with my car instead of getting out of the car and using my body. a few minutes later i get a call from the sheriff department stating that the owners want to have me arrested. but didnt really want to have me arrested just have the gate fixed which i felt was already broken. the sheriff got my informaton such as drivers license and insurance and said he wasnt going to file the complaint which the district attorney had aready ready. i then called my insurance company and let them go out. i got a call today from my insurance company which said that they didnt think i was liable for anything and wouldnt pay it. how do i protect myself from these people if they decide to call the sheriff department again and have a warrant for my arrest issued. the insurance company stated that they would send me a letter explaining what happened by will that protect me from further harrassment
Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

I am sorry to hear this. The only surefire way would be to have them sign a release or waiver of liability. However, I know that is very unlikely. I think since the sheriff already knew and did not do anything, they are not likely to do anything days later. This falls in the realm of civil liability so your insurance should cover your expenses or even your company taht you work for should cover your defense costs.

Customer: replied 1 year ago.
in other words they may try to have me arrested. should i contact a criminal lawyer now.. i cant afford to get arrested and i live alone and have no one at home to help me. i have professional liability insurance should i contact the company. i dont know if it covers damages to property its primarily for injury that might occur to the patient if i do something that causes bodily harm to the patient. if they call the sheriff again what guarantee do i have that they will take with the same officer.
Customer: replied 1 year ago.
should i call the officer and let him know what happened i still have his phone number
Expert:  Asad Rahman replied 1 year ago.

I would not suggest talking to the officer on your own. If you can afford a criminal defense attorney to talk to them so that you have some comfort, then you should do that. I think your company's insurance should cover or your professional liability policy would kick in if they were to file a lawsuit. I think they are more likely to do that then get you arrested for this.