I tripped over some concrete at my friends home and suffered injuries. Is the property owner liable for my injury expense?

While I was walking up the pathway to my friend’s home for lunch, I tripped over a loose brick. I put my arm out to steady my fall, but instead I broke my right arm. Because I do not have health insurance, I am responsible for the medical bills. I asked my friend to help me pay for the medical costs since I fell on her property, but she has refused. Is my friend legally responsible for my medical bills?

 

Answers (1)

Premises liability law may hold owners and occupiers of land legally responsible for injuries sustained on their property. In most states, the relationship between the entrant and the land possessor determines a defendant’s liability. There are generally three types of entrants, which include invitees, licensees, and trespassers. In your case, you were a licensee. A licensee is a person who enters the property with the owner’s consent for social purposes rather than for business purposes. Because a licensee is an invited guest, the property owner owes a duty to warn the licensee of any known dangerous conditions on the property and must exercise reasonable care to protect the licensee. A land possessor, however, has no duty to inspect the premises for defects nor is there a duty to repair defects.

If your friend was aware of the loose brick, she had a duty to warn you of the condition on the property. Because you suffered an injury from the unsafe condition of the property, your friend may be liable for your medical costs.

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