I wouldn't think there is any liability. According to the description you've given, your injury was not caused by a latent defect in the property. Your question demonstrates a fallacy most people have about who is responsible when they are injured on someone else's property. Many people hold the mistaken belief that just being injured on someone else's property will make the homeowner or lessee liable. In fact that isn't true. The

Is the homeowner liable for my injury if I was injured while helping him move items? I was injured on property which I rent. I was helping the homeowner move some items from an out building. I tore my bicep muscle and had to have surgery and off work for 3+ months. Is there any liability towards the homeowner?

 

A:

I wouldn't think there is any liability. According to the description you've given, your injury was not caused by a latent defect in the property. Your question demonstrates a fallacy most people have about who is responsible when they are injured on someone else's property. Many people hold the mistaken belief that just being injured on someone else's property will make the homeowner or lessee liable. In fact that isn't true. The "possessor" of the property is liable when a "defect" in the property including fault on the part of the homeowner causes someone to be injured. The condition of the property had nothing to do with how your bicep was injured. It was the act of moving things on the property that injured you, not a condition of the property. 





For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney



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