Uncle died due to accident on someones property

[jadedmomma]

What is the name of your state (only U.S. law)? Mo

Two weeks ago, my uncle went to someone's house to buy a horse. He rode the horse to make sure it was broke etc. Well while doing this the horse bucked and landed on him, and he died. Can his wife make the homeowner's insurance pay the medical bills at least? Or what legal recourse does she have if any at this point? Thanks

 

[justalayman]

she can try. Whether she is successful or not will depend on a lot of information not present.

If she is considering suing, she needs to speak with an attorney that can review all of the facts and advise her on the viability of a suit.

 

[jadedmomma]

she can try. Whether she is successful or not will depend on a lot of information not present.

If she is considering suing, she needs to speak with an attorney that can review all of the facts and advise her on the viability of a suit.

She just had a funeral to pay for and all she wants is the medical bills, as he was life flighted from several towns away along with the tests etc that they did in the er. So she should get an attorney or small claims? Thanks for the info

 

[ecmst12]

I am certain that the medical bills are too much for small claims court. Yes, she should get an attorney.

 

[ttldr123]

A lot will also depend on the equine laws in your state. All states have equine statutes that protect "equine professionals" (this includes anyone with horses) from legal action unless neglect on thier part can be proven. The statute usually includes wording as to if and how signs that outline the law be displayed on the property. These stautes don't protect from someone filing suit but they do protect the outcome - I.E. if neglect can be proven your aunt may win her suit - if no neglect case will most likely be tossed out.

Additionally, your uncle may have signed a waiver prior to riding the horse that could protect the seller somewhat.

 

[xylene]

Your mom needs a lawyer NO MATTER WHAT to assist her with these estate issues, even if no case can be made.

Under no circumstances should mom sign anything to anybody until these facts are reviewed.

A wrongful death case should be fee contingent (ie no pay unless you collect)

But

a lawyer should help with the estate. This should not be very expensive and could protect mom given the substantial bills from the life flight alone!