Can I be sued by a contractor's assistant who claims to have slipped on ice in my driveway? 14 Answers as of December 20, 2011

Yes you can be sued as you have a duty to maintain a safe premises, including snow and ice removal. Yes your insurance company can handle this, which is why you pay them. You were not under an obligation to notify your insurance company until you received a letter for the injured workers attorney asking you to do so and you have a reasonable amount of time after that notice to do so, which can be broad. Your risk will be limited only to any value of the claim in excess of your homeowner's insurance policy, which in most cases is rare. Either way, talk to your liability insurance carrier and turn the claim over to them. You should be ok here. Good luck.

You are in a situation where your own homeowner's insurance company may make a strong argument that they will not cover the medical bills of the injured worker, saying that you did not provide them with notice of the injury within a reasonable time. There may be a way, however,to get your insurance company to accept liability and handle the defense of the case that has been filed against you. I would highly recommend discussing it with a personal injury attorney before you consult with your insurance company, and, in any event, without delay. The language of your insurance policy needs to be reviewed closely by a legal professional to determine the notice requirements of your policy. In some instances, there may be legal arguments as to why the notice provisions can be waived, and in other circumstances, a court may not find the requirement to give your own insurer notice of an accident legally sustainable. Furthermore, the specific details as to how the accident occurred, what type of injuries were incurred, whether the person injured had pre-existing injuries, and many others, are highly relevant and, by looking at the facts, it may be discovered that you have a strong legaldefense to the claim. A copy of the lawsuit petition also needs to be reviewed as soon as possible to determine what legal defenses are available. There are strictly enforced time limits for filing a legal answer to the claim, a counterclaim, and affirmative defenses. Our firm typically files affirmative defenses and/or a counterclaim with the court immediately, to prevent the passage of court deadlines, which can be as short as 20 days from the time the lawsuit was filed.

Yes, you'd insurance company should handle it although they might raise a defense of late notice.

Assuming this occurred in Nebraska, you can be sued by "a contractor's assistant who claims to have slipped on ice in my driveway." Whether he or she would be successful depends on the facts surrounding the fall, which other than a fall on ice, are insufficient for me to comment on the likelihood of success. As it relates to your "risks", there are at least two. First, As I understand the "Question Detail", you became aware of the claim a while ago but did not tell your insurance company until recently. First, your insurance coverage may deny coverage to you (costs of defending the case and payment up to their limits) based on your failure to timely notify them of a potential claim, assuming your policy requires you to do so. However, whether the insurance company would have a legitimate basis to deny for failure to notify really depends on whether the delay has prejudiced their rights to defend the case. If the delay did not prevent them from doing what they would have had you notified them right away, they likely would not have a legitimate basis for denial. Second, if the insurance company does deny on this basis, you would have to pay for your own attorney and pay any judgment or settlement yourself. Even if your insurance company does not deny coverage to you, if the worker sues you and obtains a judgment in excess of your Liability/ Bodily Injury coverage limits, you would be responsible for all amounts over these limits. Unless your insurance company is going to deny coverage to you, you should let your insurance company handle it. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

Call the insurance company. Before you discuss the facts of the case, which may go into a statement that the plaintiff can later access, ask them to determine whether they will pay for your defense. Normally they would supply a lawyer but they may invoke a clause that says that if you don't timely advise them of a claim they don't need to cover it. If they don't provide a lawyer you should consult one at your expense ASAP. Even if they do you may want your own lawyer to guard against the risk that the insurance company does not settle and an award is entered for more than policy limits, as this could then be collectible from you instead of from insurance proceeds.

Your insurance will protect you & pay any legitimate claim the individual has (up to the limits of your homeowners policy). Therefore, turn this in to your insurer & insist they handle it. As to whether there is a legitimate claim, this would depend on whether the claimant can prove fault on your behalf or negligence. This determination may be affected by many factors, including the time lapse between the bad weather & the fall. The claimant may argue that you had a burden to remove the ice. Another factor might be whether the claimant was surprised by the hazardous condition /or/ whether he knew or should have known about the hazardous condition.

You should have reported it timely to the carrier and let them decide. They may deny you coverage for not doing so.

You should turn this matter over to your homeowner's insurance company immediately. Assuming that you had coverage when the person was injured, your insurance company will provide a defense lawyer for you, as well as coverage for your potential liability up to the limits of your coverage. You could have exposure to personal liability if the amount of the claim is more than the limits of your coverage.

There may be a statute of limitation problem.

Absolutely your insurance company should handle. They will defend with a lawyer and pay any claim up to the limits you have chosen in your insurance contract.