Legal Question in Personal Injury in Washington

Fall down stairs at a friend's home

I was visiting friends in Washington, and got up in the middle of the night to use the restroom. The hallway was completely dark, and I turned the wrong direction. The stairs to the basement are at the other end of the hallway from the bathroom, and thinking I was entering the bathroom, I stepped off the top stair and fell all of the way down to the basement. I broke the heel and ankle of one foot and several bones in the other. I was in a wheelchair for three months...lost work and still now over a year later have pain in my right foot. What are my options (their homeowners insurer has reimbursed my medical insurer but I have co-pays and deductibles) as well as pain and suffering and loss if income. Should I send the insurer a statement of loss and see what they offer or do I need an attorney? (the accident happened in Washington, but I live in Arizona)

Thanks for any advice.


Asked on 11/07/05, 5:04 pm

2 Answers from Attorneys

Robert Kornfeld Robert B Kornfeld, Attorney at Law, Inc., P.S.

Re: Fall down stairs at a friend's home

Hi:

You have a homeowners liability case and are entitled to medical coverage under the homeowners insurance policy, regardless of fault.

If you have not collected medical premises pay coverage for your bills, you should contact the insurer for the homeowner.

Do not give a recorded statement. They cannot force you to do so.

On the liability portion, I would be happy to discuss that part of the case with you and give you advice on the medical premises pay coverage.

Feel Free to email me directly and I can send you a phone number if you wish to talk to me about it more at no charge.

I work on a contingency fee so there is no money up front. You pay no fees unless I recover for you.

There is a 3 years statute of limitations in Washington, generally speaking.

Rob Kornfeld

[email protected]

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Answered on 11/07/05, 5:10 pm
James Jenkins Jenkins Law Center PLC

Re: Fall down stairs at a friend's home

I think you should consult with a Washington attorney. Although you live in Arizona, if you were to file a lawsuit, it would have to be in Washington, where the accident happened, and where the defendants live. By the way, you can try to settle with the insurance carrier, but if a suit is filed, it would likely be against the homeowners, your friends. Their carrier would defend and pay, but they would be the defendants.

I would need to know more facts about the case to assess the issue of liability. Do I understand that you were unfamiliar with the home, yet walked in the dark without a light? Is the stairway unsafe or was the lack of light the problem?

Perhaps you should speak to the Washington attorney who responded to this question.

Good luck,

James D. Jenkins

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Answered on 11/09/05, 12:39 am


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