I met with an accident during walkthrough for my new townhome. Should I approach a lawyer for liability ?

Question

I fell through the attic while inspecting a structural lapse. Builder did not inform me to not go near the insulation-cotton (sheath) area. I slipped and fell through but did not end on floor beneath (30 ft down). I landed on a truss and held on to it. I visited a hospital for X-rays and will hear back from them 2 days from now. Will the builder have liability for this accident ?

Answer 1

Highly unlikley. The area you fell through is never meant for any weight stress. Underneath the insulation is only sheetrock which can not support a persons weight. You assumed the risk by going up there and any normal person should know it is a non-walking area. If you slipped, it was through your own negligence. Due attention to how you moved around while up there would have prevented this.

Answer 2

Your injury sounds self-inflicted to me.  Did the builder force you to climb around in the attic?

Answer 3

the builder might hold some liability, but so will you.  what made you think you could walk in that area?  the builder should have some sort of general liability coverage that will pay the bills but why automatically assume you have to see an attorney.  most good businessmen will send the bills to his insurance and get them paid.  if you don't have any lasting problems from the fall, then why would you need an attorney.  also, did the builder know you were there or did you go there on your own.

Answer 4

There is too much information missing. You said you were "...inspecting a structural lapse...". Was the builder there or were you by yourself? Did the builder know you were going into the attic? Were they in the attic with you? If the builder was not there or was not aware you were going into the attic then I can't see how they would be liable. A reasonable person, if they saw such a defect would point this out to the builder and have them look at it. The only time I could see someone doing this on their own is if they had experience in building contruction/home repair. However seeing that you didn't know you weren't suppose to stay on the trusses without being told I doubt you could claim you had such experience.

Also it doesn't take a hospital two days to examine an x-ray. I have never seen a doctor take more than five minutes to examine an x-ray unless you went to a teaching hospital. So I can't imagine you were seriously injured or else they would not have let you leave if they thought you were. They're not going to call back in two days and say, "Oh by the way you have a fractured pelvis and internal bleeding. Do you mind coming back to the hospital when you have a chance so we can fix that?"

Answer 5

No.

Your the fool that tried to step on the insulation.   If you don't know not to do that-- you have no business for being in the attic.

Heck, if you don't know not to step on the insulation -- then what the heck would you need to inspect a "structural lapse" for?? I don't think you would know what you are looking for?

The insulation is held up by the ceiling drywall. The dry wall is not strong enough to hold you.  

If the builder is a nice guy...he will repair the ceiling for you at little or no charge.

But you are responsible for stepping through the ceiling and you are responsible for causing the damage to the town home. The builder does not owe you anything.

Answer 6

Good question.

Was the builder there at the time?

Were there any witnesses?

Why did you go up in the first place?

Why did you walk off the wood flooring?

I think those need to answered before anything can be decided.

If the builder was there and didn't inform you as to how the ceiling was made or tried to prevent you from stepping onto insulation. Maybe there would be liability.

But one thing to keep in mind that will be used for his defense.

What would have prevented this injury from happening after the closing and the end of the home building?

As to say, sometime in the future and you being in the same place if it happened again.

What did he the builder do to be liable for it?

Also, without a witness, who is to say that any injuries happened on the property. That you didn't break the ceiling and hit yourself in the ribs to fake the injury?

Things to consider.

But my opinion, if I were the builder I wouldn't be worried about being liable for your injuries. They could have happened at any time. Which shows a No fault for liability. I am a contractor. I cannot worry about things that can happen to my work when I am not present. If the home owner wants to touch what I did and he gets hurt. Why would I infer any liability for that? Unless I gave him the impression that he could or should touch it. My state laws protect me in that case.

Home owners shouldn't check over any work that they do not have knowledge in. If in doubt, get a second opinion from another contractor.

If you hired a roofing company to do your roof.

If after they left, you climbed up to inspect their work and you fell getting down. Should the roofing company be responsible for your actions? Same thing for electrical work, or framing work.

Something had to take place to change the liability.