Is anyone here a slip n fall attorney that can provide some guidance? A relative is upset as a woman he knows fell outside his house on the sidewalk last year, tried to sue him, then “gave up.” She’s now refiling the suit with a different attorney a year later, claiming mental suffering. Does he need to go to his homeowners insurance to answer the complaint? Will that raise his rates? Does anyone here do this kind of work at reasonable cost? TIA!

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Give it to the homeowners policy. Rates might go up, but not as much as paying out of pocket for attorney AND settlement.

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💯

Definitely send it to the homeowner’s insurance; they’ll defend if it comes to it.

More importantly: was the place where she fell part of his property? Why did she give up last time? What’re the injuries? There’s a lot of missing info that’ll help if you have it please.

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Is the sidewalk considered his property or the city’s? If it’s his then it goes through homeowners insurance. If it’s the city’s then the suit should be against the city.

If it was on the sidewalk they may not be the correct liable party. However, if they have been served with a lawsuit, definitely turn it over to their insurance carrier to handle. The insurance will pay for counsel to protect their interests (and your family, their insured). If it isn't a viable claim it will go away and rates won't go up. If there is actually a claim, that is what insurance is for again, rates may go up for a bit, buy they'll eventually go back down. (15 year paralegal on plaintiff side, so far does not sound like a great claim if one atty already dropped it and if it was on a sidewalk which is usually not a privately owned property.)

Slip and falls are complicated to prove on the Plaintiff’s side. It is extremely a nuanced area and sometimes the case law changes favoring either landowners or Plaintiffs; so you have to be familiar with your jurisdiction. If a previous attorney dropped the case, that speaks volumes. Home owners insurance will hire a defense firm very experienced in the area and if the insured doesn’t inform them , they can deny coverage of the case. It’s in the policy that they should be made aware and given all complaints in a TIMELY manner. The clock is ticking to respond.

Typically need to prove it wasn’t open and obvious and home owner was not on notice of the defect

That’s terrible. Get taxed on everything

Yes tell homeowners if she is the owner. Do it yesterday

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