When we go places — a friend’s home, the grocery store, a sports or music venue, etc. — we have a reasonable expectation that we will be safe from harm there. And yes, accidents can happen anywhere.
But whoever owns the property on which you suffered your injuries has a duty of care. What that means is that they must care enough about the safety of those on their property to maintain it so that others aren’t injured.
When the duty of care isn’t upheld
People don’t have to intend to cause you the harm that you suffered. In fact, that’s another matter entirely if they attempted to hurt you. But simply being negligent about making needed repairs to their home or business creates liability for them for the consequences to others.
Should you ever sue a friend?
First of all, “suing a friend” and making a legitimate claim against their homeowners’ insurance to cover the health care bills from your accident and injuries. Even just using your own health insurance coverage to pay for your care creates a complicated situation known as subrogation. There, your insurance company essentially becomes the claimant seeking to recover the payments on your behalf.
Not all damages result in claims
Not all injuries will fall under the complex laws of premises liability. Even when they do, liability can sometimes be attributed to more than one defendant, thus potentially increasing the eventual recovery through successful negotiation or litigation.
Learning more about how the California premises liability laws work is a good idea after an accident that injures you.
