Could I sue the owner of the property for my injuries? 22 Answers as of April 11, 2013

I was at a neighbor's house cutting down a tree when I cut my leg with the chainsaw. I went to hospital and received 23 stitches.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Are you serious? Did he force you to cut your leg, or did you do it all by yourself? You are an adult and are responsible for your actions.
Answer Applies to: Michigan
Replied: 4/11/2013
Gary L. Platt, Attorney at Law | Gary Platt
Your question is missing a lot of facts. Assuming you had permission to use a chainsaw on your neighbor's property, and assuming it was your neighbor's chainsaw (or, in any case, not yours), IF the injury was caused by a condition your neighbor is responsible for (such as, for example, a faulty chainsaw), you might be able to sue for your damages. However, the mere fact that you were injured on his property is NOT enough to justify a lawsuit. If your own negligence caused or contributed to your injuries, your damages will be decreased accordingly.
Answer Applies to: California
Replied: 4/9/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Was the neighbor negligent in some fashion so as to cause/contribute to your injuries? If so, then yes. If not, then no. However, your neighbor may have homeowners coverage that has a med pay provision that will pay up to it's limit without regard to negligence/fault.
Answer Applies to: Michigan
Replied: 4/9/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
worker's comp??? call such an attorney.
Answer Applies to: California
Replied: 4/9/2013
Law Office of William E Carter, LLC | William E Carter
You probably have the option of suing the under the homeowners insurance policy, but there are several other issues that will need to be addressed before deciding to do this.
Answer Applies to: Connecticut
Replied: 4/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to know more of the circumstances, but if you are volunteering to do the work you most probably have no cause of action.
    Answer Applies to: Michigan
    Replied: 4/8/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Think about it. You would be saying "I'm suing you because I cut my leg". You are the one who cut your leg, that's not his fault. How would you feel if it were the other way around?
    Answer Applies to: New York
    Replied: 4/8/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It is your fault. You were operating the chain saw, not your neighbor.
    Answer Applies to: Idaho
    Replied: 4/8/2013
    Durham Jones & Pinegar | Erven Nelson
    You could do so if you proved that the neighbor was somehow negligent or careless. You might get some response by making a claim against the neighbor's homeowners insurance policy, also.
    Answer Applies to: Nevada
    Replied: 4/8/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Just because you get hurt on someone's property doesn't mean they are liable. You have to show they were negligent. I don't see it here. You may be able to make a med pay claim on the homeowner's insurance, though. It would only pay for medical bills, regardless of fault, though.
    Answer Applies to: Alabama
    Replied: 4/8/2013
    Gates' Law, PLLC | Thomas E. Gates
    The owner did not cause your injury. It happen because of your negligence, not his.
    Answer Applies to: Washington
    Replied: 4/8/2013
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    You likely have a cause of action against the property owner if their negligence/carelessness somehow caused or contributed to your injuries.
    Answer Applies to: Louisiana
    Replied: 4/8/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Not unless they were negligent. Just because an accident happens on someone's property doesn't make them responsible in the absence of some negligence on their part.
    Answer Applies to: Florida
    Replied: 4/8/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Write me back please and tell me why someone else is responsible for your injuries that you caused to yourself? I really would like to know how you think
    Answer Applies to: North Carolina
    Replied: 4/8/2013
    Alison Elle Aleman, Attorney & Counselor at Law
    Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
    You can probably put in a claim against the homeowner's insurance policy of the owner. If you have permanent injuries, you may even bring suit against the homeowner.
    Answer Applies to: California
    Replied: 4/8/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Your neighbor may have "NO FAULT MEDICAL PAYMENTS COVERAGE " as part of his homeowner's policy . That may be available up to policy limits for your medical bills . Beyond that you would have to prove your neighbor was somehow at fault for causing your injury including giving you a defective chainsaw to use .
    Answer Applies to: Illinois
    Replied: 4/8/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Probably not in Iowa. You cut yourself doing work. How is that the neighbors fault or how is that a defect in his property?
    Answer Applies to: Iowa
    Replied: 4/8/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Your matter may well be pursuable.
    Answer Applies to: Michigan
    Replied: 4/8/2013
    Robert Butwinick | Robert Butwinick
    Was the accident your fault? If so, you cannot sue someone else. If the accident was due to the homeowner's negligence, you may have a claim. Regardless of how the accident occurred, you may be able to access the homeowner's medical payment provision of his policy. The med-pay provision may cover a few thousand dollars of expenses for accident related treatment. You should review the policy if possible and consult with an attorney.
    Answer Applies to: Minnesota
    Replied: 4/8/2013
    Law Offices of Benjamin D. Pelton | Benjamin D. Pelton
    No I don't think so. What did the neighbor do wrong? But neighbor may have medical payments coverage on his homeowners policy that may cover your medical bills
    Answer Applies to: Virginia
    Replied: 4/8/2013
    Mark G. Patricoski, P.C. | Mark G. Patricoski
    No
    Answer Applies to: Illinois
    Replied: 4/8/2013
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