In your case generally, your mother’s estate has a duty of due care towards people who come into the house. If the estate failed to exercise reasonable care to prevent harm to you and you were legally on the property, the estate may be liable for any injury sustained due to your accident which occurred as a result of the estate’s negligence. The estate has a duty to use reasonable care in keeping and maintaining the premises in a reasonably safe condition and to warn of any concealed dangers which are known or should be known to the estate and which are unknown to the individual.
However, there is also a legal doctrine called the “open and obvious doctrine”, the basis of which is that if the nature of the dangerous or hazardous situation is or should have been open and obvious to the guest, the guest is expected to recognize the potential danger and protect themselves against it. Additionally, you would have to look very closely at the language of the insurance policy regarding covered losses. In that, if you are a named insured under the policy or live in the household, it is unlikely the estate home owner policy would cover this loss.
From the desk of T. Edmund Spinks, Esq. P.L.
304 Plant Ave. S. Suite 100
Tampa, FL 33606
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