North Charleston, SC asked in Personal Injury for Illinois

Q: I was working at a customer's house and I injured my knee very badly so badly that I have to have an emergency surgery t

Can I sue her homeowners insurance company I'm pretty sure I can I need to do something very quickly

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2 Lawyer Answers
John S. Fotopoulos
John S. Fotopoulos
PREMIUM
Answered
  • Orland Park, IL
  • Licensed in Illinois

A: Whether or not there is a negligence cause of action is a complex analysis. Please feel free to contact me at 708-942-8400.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Two things come to mind. Were you working for an employer who carries workers' compensation insurance? Secondly, to your question on whether you can sue the homeowner for your injuries depends on what you believe was the cause of your knee injury. Was there something unsafe that the homeowner provided that put you in the position where you were injured? Negligence has four elements that all must be proved to a preponderance of the evidence. Duty, breach of duty, cause, and damages. Pinning it down one would want to know what the breach of duty was and the cause. I think we can assume a duty and we know the damages.

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