Liability is not your only concern when you suffer an injury at a friend’s home. You aren’t happy that you got hurt because of a loose step or a slick floor at your friend’s house. And yet, at the same time, you don’t want to do anything to damage the friendship. Medical bills are piling up, and you’re missing time at work, but you aren’t sure how to handle the situation. What can you do if you’re injured in a fall at a friend’s home? It’s a tough situation, but knowing injury at friend’s home liability can help you navigate the next steps without damaging your relationship.
Steps to Take After Being Injured at Someone’s Home
These are the steps you should take if you are injured in a fall at a friend’s home:
- Tell the homeowner what happened.
- Take photos or video of the accident scene to document the fact that there was an icy walkway, a slippery floor, or a loose step.
- Get medical help immediately. If you decide that you aren’t severely hurt, but your injury turns out to be worse than you thought, the insurance company may try to deny that the accident was the cause of the injury. The only way to avoid this is to document the injury immediately with a doctor’s help.
- Contact a lawyer experienced with property hazard liability.
Can You File a Claim Without Harming the Friendship?
A home accident negligence claim can be a sensitive issue between friends. You may worry that filing a claim against a friend could put the friendship at risk. After all, they may feel betrayed or like you’re targeting them—which can make it even harder to decide what to do if you sustain an injury at a friend’s house.
However, that doesn’t mean you can afford to pay all those medical bills yourself, especially if you’re not able to work because of your injury. Can you file a claim without harming the friendship?
To protect your friendship as much as possible despite filing a claim, you should:
- Be honest and direct about your plans. Please don’t give your friend any reason to feel you are trying to deceive them.
- Explain that you cannot afford to pay your medical bills or go without income without seeking compensation.
- Explain that you are filing the claim against your friend’s insurance company, not against your friend.
- Explain that their insurance company will handle the process for them and treat them fairly.
Legal Elements Required to Prove Liability
To prove liability in a guest injury legal claim, you must demonstrate that:
- The homeowner owed you a duty of care
- The homeowner breached their duty of care to you
- This breach caused your injury
- You suffered losses due to your injury
Whether the homeowner owed you a duty of care is often the core issue in this case. In a residential property injury case, the key question is what the injured person was doing on the property. The homeowner’s legal responsibility for guest injury varies depending on the answer.
If a person visits a home for the homeowner’s benefit, they are an invitee. This means the homeowner owes them a duty of care. A homeowner must protect invitees from harm by:
- Identifying any possible hazards
- Fixing any known hazards, if possible
- Warning guests of potential danger
For example, if the homeowner’s walkway gets icy in the winter, the owner must try to fix the hazard by putting sand down or breaking the ice up. If removing all the ice is impossible, the homeowner must warn guests that the walkway could be slippery. If the homeowner didn’t know that the walkway was icy but could have discovered this fact easily, they could still be liable because they should have known.
Prove Liability Negligence
In cases involving unsafe steps or flooring injuries, the same principle applies. You’re probably an invitee if you’re visiting a friend’s house. If your friend knows they have a loose step in their staircase or a leaky pipe that often makes the floor slippery, they owe you a duty of care to protect you from that hazard.
In a personal injury claim, you must demonstrate that the homeowner’s negligence in protecting you from hazards resulted in an accident, that the accident caused your injuries, and that these injuries caused you losses.
Losses you can collect compensation for include:
- Medical expenses
- Lost income
- Pain and suffering
When a Homeowner May Not Be Liable
If a person visits a home with permission but for their benefit rather than the homeowner’s, they are a licensee rather than an invitee. A door-to-door salesperson would be a licensee. The homeowner is only liable for injuries to a licensee when those injuries were caused by active negligence.
If a person is trespassing, the homeowner is usually only liable if they intentionally harm the trespasser. However, there are exceptions. For instance, if a homeowner has something on the property that is likely to attract the interest of children too young to understand the dangers, such as an uncovered swimming pool, they may be liable for any accident. A child injury on private property is one of the few reasons a homeowner could be liable for an injury to a trespasser.
If you suffered injuries at a private home belonging to your friend, then you are most likely an invitee. This means your friend is probably liable for your injuries. However, if you were visiting your friend’s house on business, their lawyer may claim that you were a licensee and that your friend is not liable.
If a visitor requests permission to use a homeowner’s property for recreational purposes like camping or hunting and agrees to let them do so without charge, then the homeowner owes no duty of care to them under South Carolina law. If you’re hurt in a trip and fall on private property under these circumstances, the property owner may not be liable.
Contact a Greenville, South Carolina, Personal Injury Lawyer Today
Filing a claim for personal injury in a private residence is not the same as filing a claim against a business. When you file a claim against a company, personal feelings are less of an issue than when you file a claim because of an injury at a friend’s house. However, that doesn’t mean you can afford to pay for your injuries.
The premises liability attorneys in South Carolina at Maxey McFarland Law have experience with this type of case and know how to handle your situation effectively and sensitively. Our team is here to help you understand your rights. If you got hurt in a fall at a friend’s home in Greenville, South Carolina, schedule a consultation by contacting us today at (864) 900-4231.
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