united-states liability
Liability for neighbor injured on my property
<p>My neighbor does odd jobs for me such as taking out the trash, cleaning out the gutters, etc. They fell off a ladder and required medical attention. Recently, they received a letter from their insurance provider that states:</p>

<blockquote>
  <p>If another person or entity caused or may be responsible for the
  injury/illness treated, we have processed the claim in accordance with
  your contract benefits. However, we may be able to recover the expense
  of these services from the party causing the injury. Before we can
  close this matter, we require additional information from you.</p>
</blockquote>

<p>Are they obligated to respond? If so, how should they respond?</p>

<blockquote>
  <p>Are they obligated to respond? If so, how should they respond?</p>
</blockquote>

<p>If your neighbor does not respond, he may be denied coverage. </p>

<p>If you don't respond, the insurer might infer <em>consciousness of guilt</em> on your part, or suspect that you are liable. That could prompt the insurer to proceed more aggressively, including court proceedings.</p>

<p>Before you speak with the insurer, you might want to research the laws of your state/jurisdiction regarding premises liability, and your neighbor (or preferably both of you) should read the terms and conditions of his policy. That way, neither of you will inadvertently say something in a way that the insurer can use against either of you when in fact neither of you could truly be held liable. That being said, be truthful in your answers, lest the insurer prove fraud or liability.</p>

<p>If I were you, I would start by searching for "<em>premises liability</em>" in the field "<em>This Exact Phrase</em>" at <a href="http://leagle.com/leaglesearch" rel="nofollow noreferrer">leagle.com</a> to get acquainted with how courts analyze the applicable laws. Possibly add "<em>insurance</em>" in the field "<em>All these words</em>", and take it from there. Don't forget to select your jurisdiction in the drop-down list "<em>Court</em>".</p>

<p>In Colorado, at least, you might very well have strict liability for his injuries under worker's compensation principles for someone who does not have a worker's compensation policy in place, even if he was not compensated monetarily. </p>

<p>Many other U.S. states would have similar rules, although others would analyze this on negligence principles applicable to a licensee under a premises liability scheme.</p>

<p>Either scenario might be covered by your homeowner's insurance policy.</p>

<p>Not answering would probably have significant negative consequences for your neighbor. Answering is likely to result in a subrogation claim by his insurer against you.</p>
