General Discussion
In reply to the discussion: How to get sued for $1.5 million for personal injury while taking a shower. [View all]jberryhill
(62,444 posts)Yeah, the OP seems to believe there is an "open season on trespassers" rule. It's pretty basic that you can't have tiger pits and trip wires in your yard, and that you certainly can be held liable for injuries to trespassers. It is also clear that the masquerading FedEx guy was not even a trespasser - someone with authority opened the door for him.
Secondly, while the claimed injury and damages may be questionable, if a dog chased the guy and he fell down, the suit is not "frivolous".
What I found interesting, aside from wondering why an attorney would seem to miss spotting the basic issues in what seems to be a take-home quiz for torts class, is the hook of the question - specifically:
- A homeowner well off enough to have a housekeeper is concerned that an unemployed person might get an insurance settlement as a consequence of being chased by their dog -
The concern here seems to be that the insurance company - whose job it is to avoid paying money on claims whenever possible - despite their obvious superior qualifications to deal with claims like this, may confer a windfall on some low class scumball who was merely pretending to be employed and was, at bottom, providing a service to the homeowner for free.
Now, sure, it could be an attempted insurance scam, but I can't fail to miss the class condescension in the story as stated.
Most of us who take our showers during business hours and have our housekeepers deal with our deliveries often fret about those of lower stations grasping for the undeserved handout after we've set the dogs on them.