he roll down to the pointed side table on his sleep, cut his forehead and damage his right eye..He got surgery to remove blood in his right eye. The person who got hurt is being covered by his medicare insurance and at this writing he still need more surgery to restore his eye sight (right side)...The side table which is 24 in by 16 in rectangular shape pointed corner, lower than the bed about 4inches lower, he was 76 years old, he was elevated also due to double pillow in his head which make him higher from the pointed corner of table...QUESTION: isn't this table consider an accident waiting to happen? Isn't it considered unfore seen negligence for pain and suffering on top of the medical expenses? Can he get some compensation from the home owner insurance? What happen when he can't seeThank you all very much for all your respond....Do you think the adjuster of the insurance company will rather pay the medicare than the senior man who got hurt. The old man is still blind on the damage eye. We are hoping that he can have his eye sight back what if the eye is totally lost? We all know that a human eye is priceless...who will pay the damages?
It's possible homeowner's insurance would pay him something if the table was a dangerous condition. Lots of factors involved so a consultation with an attorney would be needed.
The person who got hurt should go and meet with an experienced personal injury attorney as soon as possible. He will not have to pay anything to have an attorney represent him, and the attorney fee will be a percentage of the settlement. If no settlement, no fee. He has nothing to lose and everything to gain. Yes, this sounds like a potentially good premises liabilit case covered under homeowners insurance. The insurance company will probably fight it, which is why you need a good personal injury attorney representing you. Do not delay.
Although the injuries sound serious, I don't see a basis for liability. A bedside table is generally not considered a dangerous condition. If there is reason to believe the individual sleeping in the bed is prone to falling off, the property owner would then have a duty to make the bed and the area around the bed safe.
"Unforeseen negligence?" I don't think that is possible. To be negligent as the homeowner, you either would have to have known or should of known that the table was dangerous and could cause injury. I'm not seeing that here in the brief details you have provided. The scenario you describe sounds no different than say if the man walked into your living room and planned to sit down on the couch. If he miscalculated and landed on the floor instead of sitting down onto the couch, would you say your couch was dangerous?
Sounds to me like he rolled out of bed and just happened to hit his head on the table. If he had rolled off the other side and onto the floor, would you then question whether your floor was dangerous? If the bed was dangerous?
****This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.
You would be hard pressed to have this be a defect or dangerous condition, but a local personal injury lawyer can investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home.
I would recommend contacting an attorney in your area as the injury involved sounds very serious. A skilled personal injury attorney will investigate the circumstances surrounding this accident to determine if in fact this particular table and bed scenario would fall into the category of a dangerous defect. Also, they should be able to assist the individual who was harmed in getting the best possible medical treatment. Please be advised there is a time limit in which a claim would need to be filed. An attorney you trust can assist you.
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