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I fell down the stairs in my own house in NYC during the blackout during Hurricane Sandy. It was pitch black. I broke my foot.

Staten Island, NY |

Do I have a claim?

Attorney Answers 6

Posted

There is no question here and assuming this is indeed your house, there is no remedy either in terms of a claim or lawsuit. Homeowner's coverage is intended to cover 3rd parties injured on the premises. Homeowners and family members are generally excluded from coverage. I'm not sure who else you intended on bringing a claim against but it is unlikely you would prevail.

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13 lawyers agree

Posted

I agree. You cannot bring a claim against your own homeowner’s insurance for your own negligent act.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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10 lawyers agree

Posted

No.

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8 lawyers agree

Posted

Probably not. Sorry. Hope your foot heals quickly.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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8 lawyers agree

Posted

I am sorry to hear of the difficult times you see dealing with relating to Sandy. as a fellow Staten Islander I certainly can relate to your situation.

There are some possibilities for recovery if you are injured at home. Sometimes, people refer to the place they live as their own house, when in fact it is a place they rent or in which they reside, but do not own. Are you the legal owner of the place where you were injured? if so, My colleagues are likely correct. If not, give me a call to discuss. 718.720.7000. Ask for Guy.

The author of this posting is licensed to practice law in the State of New York. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship.

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5 lawyers agree

Posted

Sorry to hear about your accident. I agree that your homeowner's policy probably has an exclusion for family members. The liability portion is to protect from third party claims that may be presented against you. I do agree that if you rent the property, and can prove negligence on the landlord, you may have a claim.

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5 lawyers agree

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