Auto Insurance Claims: Broken Ankle, broken ankle, liability claim

Question
Hi:

I live in the state of Florida.On April 22nd of 2006 i was hired to do tree work  with ny husband the gentlemen who hired me and my husband was working in  the yard removing dog feces with a shovel, my husband being up in the tree seen the homewoner remove dog waste in teh exact spot I had passee by 3 time prior stacking limbs the 4th time past i fell into a hole next to the paptio that he dug up, his insurance company state farm refuses to pay a liability clain stating that after 2 investigations the home owner has no liability. I have not been able to work and was in a cast for 7 weeks and may still need rehab, granted my medical bills have been minimal no surgery however I was on crutches for 4 weeks non weight bearing. My medical bills thus far have totalled 2,ooo dollars do i have a claim? if so what is a liability claim like this usually worth?

Thank You
Therese

Answer
Dear Therese,

Sorry for the delay; going to bed so late after I finally got home from the replacement flight (after 4 AM) used to be something I might recover from pretty fast, but not these days, at this age.  So I got behind on my work and I hope my delay did not result in any anxiety or loss on your part.

This is a tough case, and if you came in to my office and asked me to take the case, I would probably decline to do so.  THAT DOES NOT MEAN YOU DO NOT HAVE A CLAIM.  It just means that your claim will be tough to prove.  Most people do not understand that being a visitor on the premises of another does not mean the property owner has any duty toward insuring your safety.

Three things are difficult about it.  
1. What is the duty of the homeowner that was breached that led to the injury?  So he removed dog poop.  What was he supposed to do?  The ONLY thing I can see that you could hang your hat on would be this:  he knew or should have known that you were walking in that area, and thus ASSUMING HE MADE A DANGER (which I am not convinced of at this time—how big a hole did he dig to remove the poop?), he "MAY" have had a duty to warn you about the danger he created.

2. How could the hole be big enough to constitute a hazard?  If it was just digging up some dog poop, the small hole could not have been much of a hazard, and thus there would be no duty to warn you.  You have a duty to see what is there to be seen, even if you elect to carry branches that block your view.  THAT is your problem, not the owner's problem.

3. If this hole was in fact big enough to constitute a hazard, then your husband had to have seen that it was in your path, as you point out.  Thus, why did your husband not warn you?

I ENCOURAGE YOU TO SEE AN ATTORNEY ASAP.   Do not delay on this because you have a serious injury and this could be handled successfully by a good personal injury attorney.  DO NOT BECOME DISCOURAGED if one or two attorneys turn you down.  As I said, I would have done that.  But that is because I could afford to be picky.  Some newer attorneys may race at the chance to take your case.  Just keep your spirits up and find them.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com