June 24, 2014


I had a sleepover guest in my home. He is on heavy meds from previous injuries including Vicatin. He drank a few beers and smoked (possibly Marijuana but no proof of that) . The bedroom he was in is on the 2nd floor of a Cape house. Apparently, in the middle of the night he attempted to get to the 2nd floor bathroom which is right next to the bedroom he was in. Rather then go into the bathroom (left) he waled toward the stairwell (right) leading downstairs and fell. He did this in the dark. There is a light in the bedroom that he opted not to turn on and there are lights in the foyer which he also did not turn on. He is now in the hospital with nternal bleeding and fractured ribs and fractured fingers. He has a hematoma on his liver which is bleeding and going into his hip. Can he sue me


The short answer is yes, he could bring a claim against your homeowner's insurance - however, on the facts you've stated, it sounds like a defensible claim. The issue will be whether there was defective lighting or some other cause of the accident other than his own negligence. Notify your insurance carrier immediately. You also might want to photograph the upstairs landing, but the insurer might send out an investigator to do that. If he does sue, your insurance co. will assign a lawyer to defend the case.

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