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Many people end up helping friends or family move at some point in their lives. But what happens if you're doing someone a favor and you're injured in the process? Is your friend liable? Is someone else liable? And how can you make it less awkward for all?
Here are the answers to your most important questions.
Is Your Friend Liable?
The responsibility for injuries always depends on the specifics of the incident. One of the parties most commonly held liable is the owner or possessor of the property. If you're at your friend's house, then their insurance would likely kick in because of this liability — known as premises liability.
However, premises liability isn't guaranteed. Each state sets out its rules for what makes a property owner liable — and what makes them not liable. The good news for people helping someone move is that as an invitee, they are usually granted the highest duty of care.
Is Someone Else Liable?
Whether or not your friend or family member is considered liable for the incident, there can easily be others who share some responsibility. If the professional movers dropped a box on your toe, their company's general liability insurance should cover your injuries. And if your friend rents their home, the landlord could be liable under premises liability.
Although some accidents have just one cause, many stem from several connected elements. Perhaps the movers slipped because they were going too fast on a staircase with a broken board. In this case, liability could easily be shared between the company, the property owner, and a renter who failed to warn about the stair.
Do You Have to Sue Your Friend?
So, if your friend may be partially or totally liable for your injury, does that mean you must sue them? Not at all. In most cases, their renters or homeowners insurance carrier should cover your treatment. So don't hesitate to seek proper treatment.
Assure your friend that this is not personal and that you will be dealing with their insurance company for compensation. This is, after all, why they carry insurance. It's much rarer that a victim needs to pursue a direct lawsuit in court.
It may also help to have your attorney handle the communications and paperwork involving your friend or family member. This way, you can leave out the financial aspect of the incident and focus on moving forward with a good relationship.
Where Should You Start?
No matter what happened while moving someone out of their home, the best place to begin protecting yourself the right way is to meet with a qualified personal injury lawyer in your state. Make an appointment with a personal injury attorney to learn more about how liability works.
Share9 December 2022
