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Need Help- Being Sued

(13 Posts)
midas Fri 07-Aug-09 11:34:44

I am wondering if you can help me.

I needed help in moving stuff around my home so asked an acquaintance to help.
He was paid.

In the process he broke a leg and now in a plaster because the wardrobe fell on his legs outside the flat.

I have now received a letter from a solicitor asking me to provide insurance details.

Where do I stand?

He is someone that we have always helped with money and odd jobs because of his situation.

I am sure he declared this last payment because he said he will be going to dss to declare then he can sue.

claricebeansmum Fri 07-Aug-09 11:35:52

Do you have household insurance? If so this will probably cover you.

midas Fri 07-Aug-09 11:40:25

Thanks Clarice
Yes we do .

StripeyKnickersSpottySocks Fri 07-Aug-09 11:41:20

Your household insurance may not cover you if it happened outside the flat. Are you sure it didn't happen inside the flat? This guy may suddenly rememebr it happened inside the flat if he has more chance of getting some money.

But how horrible of him to sue. If he's signing on its not like he had loss of earnings.

claricebeansmum Fri 07-Aug-09 11:42:49

I would give your household insurer a call and talk it through with them. They'll probably get you to talk to their legal team and then they can deal with this for you. Don't panic!

claricebeansmum Fri 07-Aug-09 11:43:50

I would also be making a list of all the times I had paid him and pass to the DSS now.

LIZS Fri 07-Aug-09 11:44:11

is it one of the "no win, no fee" type solictors ? Doesn't he need to show some sort of negligence on your part ?

midas Fri 07-Aug-09 11:45:46

It definately happened outside on the stairs going downstairs.
Thanks, I will give them a call.

claricebeansmum Fri 07-Aug-09 11:49:18

He'll need to show that you were negligent; that you had a duty of care towards him and that in some way you failed to execute that.

Perhaps you could counter sue for damage to your wardrobe because I bet he has third party liability insurance?

StripeyKnickersSpottySocks Fri 07-Aug-09 12:26:25

The problem is that in today's h&s sueing culture yoy probably could be found negligent. Unless you provided him with manual handling training and carried out a risk assessment.

I think the dilema is will you be seen as his employer or will he be seen as self employed? I have no idea how that would be worked out.

But if they decide that you employed him and if your house insurance company don't want to know (which they may not as it didn't happen in the insured property) then you could have a problem.

Tinker Fri 07-Aug-09 15:29:20

Would household insurance cover it anyway if he was employed?

nannyL Fri 07-Aug-09 23:48:41

i think being employed doesnt matter as nannies (who are employed) are normally covered on employers house hold insurance

LG1000 Sun 09-Aug-09 22:35:15

Don't worry, even if your insurance doesn't cover it, as the accident occurred in the "common parts" of the building ie the corridor, it may be the management company's responsibility. They will undoubtedly have public liability insurance.

You will need to pass the letter of claim on to your insurance company - preferably unanswered. But do point out where the accident occurred and leave them to fight it out.

Don't panic, last summer we received a letter of claim for injury caused by someone walking into wisteria overhanging our property! Our insurance company defended the claim and the claimant soon backed down.

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