I climbed my friend's roof and jumped off and broke my leg. Can I get money from his homeowner's insurance?
North Carolina follows a law know as "contributory negligence". Under this law, a plaintiff can not recover anything if you contributed in even the smallest way to your injury. If the friend was negligent in a lot of different ways and you were only 1% negligent, the law says you are prohibited from any recovery. You said you jumped off the roof. That sounds like a voluntary act on your part and the court would find you contributory negligent and you would receive nothing.
I am licensed to practice law only in North Carolina. My answer provides only general information. Do not rely on this answer as specific legal advice for your particular situation. This answer does not form an attorney-client relationship. You should consult with an attorney to fully discuss your situation and to obtain advise about your legal rights and obligations.
Criminal Defense Attorney
Most homeowner insurance policies provide coverage for injuries due to the negligent acts of the homeowner. Proving a negligence case usually requires proof the homeowner had a duty, breached that duty, and that breach caused injury. In your case, you will likely suffer at the beginning. I don’t think a homeowner has any duty to keep visitors from climbing on his roof and jumping off. If there was no duty, he could not have breached the duty. Even if there was a duty, the breach of the duty has to be the cause of the injury. In this case your choice of jumping off seems to be the cause of the injury. Of the four parts of a successful negligence claim: duty, breach of duty, causation, and damages, you seem only to have the fourth part: damages. I suppose there might a lawyer somewhere who might have some theory he thinks he can win your case with, but that lawyer sure is not me.
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Intellectual Property Law Attorney
not with that story.You'll have more make it a better sorry than that. No doubt there is some shaft lawyer who will take the case and fabricate some b.s. claim. Not me either. Not any honest lawyer.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law. Benson, Brown & Faucher, PLLC 822 N Elm St., Suite 200 Greensboro, NC 27401 (336) 478-6000
I agree with the previous answers, this has insurance fraud written all over it if you file a claim.