can i file a claim against their insurance for the injury. It put me out of work for three months?
There is not enough information here to give you a proper answer. I would need to know were the rocks there because they were part of the landscaping or was there some sort of construction going on. Where were the rocks located on the property? What is your reason for why you think the owner may be at fault?
Typically, a possessor of premises is liable for physical harm caused to a licensee by a condition on the premises if, but only if, the plaintiff establishes the following three elements:
1.The possessor knew or should have known of the condition, should have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that the licensee would not discover or realize the danger;
2.The possessor failed to exercise reasonable care to make the condition safe, or to warn the licensee of the condition and the risk involved; and
3.The licensee did not know or have reason to know of the condition and the risk involved.
I agree with the other attorneys who have answered this question. More details are needed to provide an adequate answer to your question. A local personal injury attorney will likely provide a free case evaluation regarding your potential case. Be sure to provide as many details as possible at your consultation.
You may be able to file a claim for medical payments; if the landlord has insurance that provides this type of coverage. MedPay is usually as little as $500 and in some limited circumstances as much as $10,000. You may also file a claim for personal injuries. You do not provide any facts (nor do you need to) to opine on this. Speak with local and qualified personal injury litigation counsel. Good luck.
To answer your question directly: You can file a claim. Will you recover is another issue. Sounds like a significant injury if your out of work for months, it should be worth sitting down with an attorney in your area. Some of the attorneys that responded may be in your area; I am not. Good luck.
You can always contact an insurance company to see if they will afford coverage. Sometimes there is what is called a medpay where you don't have to proof liability before they will pay your medical bills. Always contact a local personal injury attorney immediately to see if you have a case.
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