by Guest » Wed Aug 25, 2010 05:03 pm
I had my back to the street speaking with a guy replacing my husband's windshield & we heard a thud. I turned around & saw my across the street neighbor had walked partially up my driveway & fell. We are friends, so she may have been coming to ask about what we were doing, but she said nothing to let us know she was approaching. It was raining & she had on flipflops.
Neighbor is late 60's, history of falls, has had shakes for weeks since dr is changing her medications around. Glass guy called 911 & I went across street to get neighbor's adult daughter. Hospital is running tests to be sure no broken bones, but I just spoke to daughter & she said Mom is doing fine.
How liable are we?
Neighbor is late 60's, history of falls, has had shakes for weeks since dr is changing her medications around. Glass guy called 911 & I went across street to get neighbor's adult daughter. Hospital is running tests to be sure no broken bones, but I just spoke to daughter & she said Mom is doing fine.
How liable are we?
Posted: Wed Aug 25, 2010 06:32 pm Post Subject:
I'd say 0% as long as there were no defects in the driveway.
You probably also have medical payments coverage on a home owners policy that could address any medical bills the other person might have. You may want to see if she has any medical bills and go from there.
Posted: Wed Aug 25, 2010 11:14 pm Post Subject:
I concur, no negligence, and great that you had a witness (glass installer)! As T said, if no defects in your drive way, medpay should be the only thing that comes into play if that...Honestly (although non-adjuster types might consider it harsh) a 60 something lady with a history of falls, and the shakes, has no business in flip flops EVER, most certainly not out in the rain.. :wink:
Posted: Thu Aug 26, 2010 03:27 am Post Subject: Update & reply
My thanks to both of you! I did call my insurance agent right away, just in case & he didn't think we'd have an issue.
I looked at every driveway on our street, including the neighbor who fell. Almost with no exception, there is a slight height difference between the actual driveway & the sidewalk portion that abuts it- as if the sidewalk portion has slightly sunken.
The emergency room ran all sorts of tests- nothing broken or sprained. And I agree about the flipflops!
Add your comment