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.

Asked almost 2 years ago - Staten Island, NY

Do I have a claim?

Attorney answers (6)

  1. Craig A. Post

    Contributor Level 17

    13

    Lawyers agree

    Answered . 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.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. David J. McCormick

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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... more
  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    8

    Lawyers agree

    Answered . No.

  4. Michael Ryan Juarez

    Contributor Level 16

    8

    Lawyers agree

    Answered . 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.... more
  5. Gaetano Parrinello

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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... more
  6. Jonathan Kane

    Contributor Level 4

    5

    Lawyers agree

    Answered . 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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