Homeovwers liability from fall?

[jomustard]

What is the name of your state? California

My ex-husband, Kevin, lives with my brother and me in a home my brother and I own. Kevin is retired and collects a lot of "junk". He leaves this junk all over the place. It makes it hard to maneuver through all the garbage. The garage is particularly hazardous. Last night our friend was over and fell over a carpet that Kevin had rolled up. Our friend broke her wrist. We feel really bad about her wrist. I almost fell over the rug earlier that day and told Kevin he needs to get it out of the way. He said he would but didn't. She hasn't said anything about sueing but I wonder what would our liability be in this situation.

 

[Zigner]

What is the name of your state? California

My ex-husband, Kevin, lives with my brother and me in a home my brother and I own. Kevin is retired and collects a lot of "junk". He leaves this junk all over the place. It makes it hard to maneuver through all the garbage. The garage is particularly hazardous. Last night our friend was over and fell over a carpet that Kevin had rolled up. Our friend broke her wrist. We feel really bad about her wrist. I almost fell over the rug earlier that day and told Kevin he needs to get it out of the way. He said he would but didn't. She hasn't said anything about seeing but I wonder what would our liability be in this situation.

It could be (and probably should be) that you would be held liable. It was a hazard that you knew about, yet failed to do anything about. You should report the incident to your homeowner's insurance company ASAP.

You need to kick the hoarder out - let him find his own place to collect his treasures.

 

[Ohiogal]

What is the name of your state? California

My ex-husband, Kevin, lives with my brother and me in a home my brother and I own. Kevin is retired and collects a lot of "junk". He leaves this junk all over the place. It makes it hard to maneuver through all the garbage. The garage is particularly hazardous. Last night our friend was over and fell over a carpet that Kevin had rolled up. Our friend broke her wrist. We feel really bad about her wrist. I almost fell over the rug earlier that day and told Kevin he needs to get it out of the way. He said he would but didn't. She hasn't said anything about sueing but I wonder what would our liability be in this situation.

Most likely, you owe her for the broken wrist and all costs. You KNEW about the danger and issue. You may be able to then sue Kevin or bring him into the suit if you are sued. But you can be found liable.

 

[zddoodah]

I wonder what would our liability be in this situation.

Why was your friend was walking around in your "particularly hazardous" garage, and why did you allow her to do so despite knowing about the hazard as a result of having encountered the hazard in question earlier that same day?

You knew about and allowed a "particularly hazardous" condition to exist on your property and allowed your friend to encounter that condition, apparently without warning her about that condition. That's pretty much the easiest case for negligence that ever existed. I strongly suggest you report what happened to your homeowner's insurance carrier.

 

[Just Blue]

What is the name of your state? California

My ex-husband, Kevin, lives with my brother and me in a home my brother and I own. Kevin is retired and collects a lot of "junk". He leaves this junk all over the place. It makes it hard to maneuver through all the garbage. The garage is particularly hazardous. Last night our friend was over and fell over a carpet that Kevin had rolled up. Our friend broke her wrist. We feel really bad about her wrist. I almost fell over the rug earlier that day and told Kevin he needs to get it out of the way. He said he would but didn't. She hasn't said anything about sueing but I wonder what would our liability be in this situation.

Report this accident to your insurance company. I also strongly suggest you clean up the mess cause by your ex's hording before your insurance company cancels your policy.

 

[adjusterjack]

I agree that you and your brother, as the homeowners with knowledge of the hazardous condition, are liable for the injury.

I agree that you should report this to your homeowners insurance company as medical treatment for a broken wrist could run into thousands plus several months of pain and suffering while the injury heals and maybe loss of earnings if your friend can't go to work because of the injury.

And, yeah, give Kevin his walking papers and get rid of all his junk. Then use your garage for what it's designed for - car parking.

 

[Litigator22]

Why was your friend was walking around in your "particularly hazardous" garage, and why did you allow her to do so despite knowing about the hazard as a result of having encountered the hazard in question earlier that same day?

You knew about and allowed a "particularly hazardous" condition to exist on your property and allowed your friend to encounter that condition, apparently without warning her about that condition. That's pretty much the easiest case for negligence that ever existed. I strongly suggest you report what happened to your homeowner's insurance carrier.

An unkempt and littered residential garage constitutes a "dangerous condition and an unreasonable risk" to a guest imposing potential liability on the part of the homeowner? I don't think so! Not when the cluttered condition is readily observable and the defense of assumption of risk is alive and well in the state of California!

 

[zddoodah]

An unkempt and littered residential garage constitutes a "dangerous condition and an unreasonable risk" to a guest imposing potential liability on the part of the homeowner? I don't think so!

Ok...you're outvoted 5-1 so far.

Not when the cluttered condition is readily observable

Something you have no idea if it is or isn't true.

the defense of assumption of risk is alive and well in the state of California!

So what? The defendant would have to prove that the plaintiff had actual knowledge of the risk and chose to confront it notwithstanding that knowledge. Nothing in the original post supports that.

 

[adjusterjack]

An unkempt and littered residential garage constitutes a "dangerous condition and an unreasonable risk" to a guest imposing potential liability on the part of the homeowner? I don't think so! Not when the cluttered condition is readily observable and the defense of assumption of risk is alive and well in the state of California!

Secondary Assumption of the Risk
Secondary assumption of the risk refers to cases when the defendant owes the plaintiff a legal duty to protect him from a particular injury or harm, but the plaintiff proceeds to encounter the risk imposed by the defendant’s breach of duty. Cases, which involve secondary assumption of the risk are merged into comparative negligence, which is a legal standard dealing with conditions, where two parties to an action are partially at fault.

According to CACI 404 plaintiff’s damages aren’t recoverable to the extent his own negligence contributed to the caused injuries, and will be proportionately reduced to reflect the percentage of his fault. Thus, in California law, plaintiff can still recover damages after his percentage of fault has been deducted, even in case his degree of negligence was more that the defendant’s. Though, it is important to mention, that comparative negligence doctrine only applies to cases where the plaintiff’s conduct wasn’t intentional.

https://kaass.com/assumption-of-the-risk-in-california/

At worst, the OP's friend gets a small percentage taken off the compensation since the homeowner's negligence was greater cause of the injury than the friend's assumption of risk.