Person Injuryed while on my Property

[drake79]

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

My question is this,

I contacted a person to get a quote on some work that needed to be done to the exterior of my house. The person came up on a Monday and gave me his estimate. I told him that I would get back to him on a day that the work could be done. He asked about Wednesday but I said no because I would be out of town and would not be back until the afternoon.

Wednesday hit and I had yet to contact the gentleman to setup a time. When I arrived home Wednesday afternoon I found a suspicious car in my driveway. I did not recognize the car and when I got to the porch I noticed some blood. I called 911 and they said that a man was working on the roof and had fallen... I was shocked and said that they were not suppose to be up here working.

This was close to a year ago. According the the man's story he and a coworker arrived at the house close to noon and setup a ladder. The first man climbed up and got on the roof the second man began to climb up the ladder when he says that our 15 year old dog (who can barely walk) ran by the ladder and knocked it down and him with it... he fell to the deck and sustained some injuries to his leg. His friend had to walk around the roof until he could get a cell signal and called 911.

The man has since filed a lawsuit against me for 1.5m for the accident this was done a day before the statue of limitations would have run out. I am curious if he has a case.

I see three problems with his case.

1. He did not have permission to be on the property, no contract had been signed and no formal agreement for him to do the work had been signed.

2. The dog is question was old and his suit claims that it was suppose to be on a leash but that is not a law in the county that I like in. They also state that I know that the dog is mischievous. Again, we are talking about an old dog who lets cats sleep on his back.

3. The ladder in question was not being used properly by the owner. Had the ladder been properly secured and someone holding it as the safety instructions state the ladder would not have fallen and the man would not have been hurt leaving his associate stranded on the roof.

Based on these facts it seems to me that he does not have a case. My insurance company is representing me and they believe that the man is trying to get a settlement from them before it goes to trail. They believe that it will never make it to trial and that the man is bluffing and just wants a settlement. Before they filed the suit they called the insurance company requesting 200K and the insurance company refused.

I would like to get other's opinions, am I wrong in believing that the unfortunate accident that happened to this man is not my fault and is the result of improper use of a tool and trespassing as he had yet to be hired for the work? I am not looking to counter sue for the trespassing btw.

[ecmst12]

What did your insurance company tell you?

[drake79]

They are pretty much inline with what I believe in that he does not have a case.

[ecmst12]

So what are you worried about? We can't possibly give you a more informed opinion then what your insurance company, who actually knows all the details, has given you.

[drake79]

So what are you worried about?

I am not a frequent flyer when it comes to getting sued, in fact, this would be my first experience. I have read about many law suits that seem frivolous but yet the person who looks to be innocent ends up losing the case. So in that light I can say that I am somewhat worried as with anything there is always risk. I am not as well versed in law as others so I came here looking for a 2nd opinion. I guess I was curious as to others thoughts on the subject.

We can't possibly give you a more informed opinion then what your insurance company, who actually knows all the details, has given you.

ok, point taken. I just thought that I might get some validation on my opinion.