Fell in hole on "friend's" property and he won't pay

[Max86712]

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

I was at a now former friend's house for a party a couple of months ago. The party was in the backyard. While I was walking around chatting I ended up falling in a hole about 2 feet deep. The hole was not visible because of sticks and brush that covered it. I broke my ankle and had to pay more than $2000 in medical expenses, not to mention missed work. My former friend refuses to submit the claim to his insurance company and says that it's my fault and that I wasn't paying attention. Multiple people at the party are willing to testify that the hole was not visible and that there is no way I could have seen it. How can I force him to submit the claim? Do I need to sue him or the insurance company?

[ecmst12]

Get a lawyer and file a lawsuit against your friend (not, of course, his insurance company). His choices at that point will be to get his insurance involved, or pay out of his pocket when the judgement eventually gets entered.

[racer72]

Or as I saw in a similar case a few years ago, the guy that stepped in the hold could not prove the property owner was negligent and lost his case. The hole he stepped in was not in an area that one would expect a visitor to the property to be walking and he could not prove the property owner knew of the hazard.

[justalayman]

premises liability 101:

duty of care owed to a licensee:

The possessor knew or should have known of the condition, should have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that the licensee would not discover or realize the danger;

The possessor failed to exercise reasonable care to make the condition safe, or to warn the licensee of the condition and the risk involved;

and
The licensee did not know or have reason to know of the condition and the risk involved.

So, the big question:

did the owner know or should he have known of the hole? If no, do not pass go, do not collect $2000 (inflation ya know)

If it was reasonable he should have known or if he in fact did know, then have a nice talk with him and tell him if he wants to pay out of his pocket, that would be fine but he can involve his insurance company if he wants.

[TheGeekess]

Originally Posted by Max86712

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

I was at a now former friend's house for a party a couple of months ago. The party was in the backyard. While I was walking around chatting I ended up falling in a hole about 2 feet deep. The hole was not visible because of sticks and brush that covered it. I broke my ankle and had to pay more than $2000 in medical expenses, not to mention missed work. My former friend refuses to submit the claim to his insurance company and says that it's my fault and that I wasn't paying attention. Multiple people at the party are willing to testify that the hole was not visible and that there is no way I could have seen it. How can I force him to submit the claim? Do I need to sue him or the insurance company?

This little factoid makes me agree with racer72.

[justalayman]

Originally Posted by TheGeekess

This little factoid makes me agree with racer72.

actually, that could be the evidence the OP uses to win the case. If the sticks and brush were placed there by the property owner, it would be reasonable for the property owner to be aware of the hole. If he failed to warn of the possible dangers hidden by the brush and weeds, the property owner is negligent in his duty to a licensee and therefore, owes the OP for the medical bills.

[ecmst12]

And, if the hole was right in the center of the area where the party guests were congregating, it will be easier to say that he SHOULD have known or inspected the area for safety before the party.

[TheGeekess]

Originally Posted by ecmst12

And, if the hole was right in the center of the area where the party guests were congregating, it will be easier to say that he SHOULD have known or inspected the area for safety before the party.

Maybe it's just the parties I attend, but if someone's got a pile of stick & brush sitting in the yard, I tend to avoid those areas, because that's a pretty strong signal to 'stay away'. (It's also a good place for the skeeters to hide. )

[justalayman]

Originally Posted by TheGeekess

(It's also a good place for the skeeters to hide. )

I want to go to your parties. The skeeters around my house are bold and brazen and have no problem coming right up and saying how'd ya do and thanks for the dinner.


but, what do you expect, they are females. Aren't all females generally...



well, I had better not finish that.

[ecmst12]

This wasn't a PILE of brush, this was brush filling up a hole and making it appear level with the ground - especially in the dark when there's a lot of people around.

[TheGeekess]

Originally Posted by ecmst12

This wasn't a PILE of brush, this was brush filling up a hole and making it appear level with the ground - especially in the dark when there's a lot of people around.

Really? That's not how I read it, but alrighty then. You have the FA Crystal Ball over there?

[BOR]

I generally agree with justalayman. If an Invitee slips on your property, liability is not automatic, some type of negligence generally must be shown.

I am aware of some "business invitee" slip and fall cases in my state. The courts have ruled, to paraphrase from what I can remember "a business is not an insurer of an invitee's safety", that is, although there seems to be a duty of care, it has it's limitations.

This is why in my state, a homeowner and or business can not be sued if an invitee slips and falls from the "natural accumulation of ice and snow". I know this is not a snow case, just pointing out about different liability.


I will assume that home owner liability has the same principle/burden.

Negligence is a Q for a jury, so an attorney skilled in liability cases would have to look at all the facts.

[tranquility]

This was "at a now former friend's house for a party a couple of months ago". Unless the party was for business and an argument could be made about the purpose of the invitation, the OP is, as justalayman said, a licensee and not an invitee.

While many states are moving to negligence standard rather than the common law on land owner liability, even in pure negligence states (Like CA.) the duty is still related to common law. To a licensee, the owner has to warn or make safe latent dangers he knows of. (Should have known is a problematical phrase in premesis liability.) To an invitee he has the additional duty of making a reasonable inspection.

The difference is significant as to the potential of liability in this instance. It's almost like this is a homework question for budding law students in their first year Tort class.

[ecmst12]

Budding law students usually use bigger words though, and don't always bother trying to phrase the question as if it was a personal situation.

[Stevef]

Originally Posted by ecmst12

Budding law students usually use bigger words though, and don't always bother trying to phrase the question as if it was a personal situation.

They would if they searched for 'homework' first.