Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Whose insurance company is responsible in the following event?
A school rented a building from a resort for a class.
When class was dismissed for the evening, the assistant in the class fell down the stairs leading from the building and broke her arm.
The director of the resort said I should contact my insurance company first.
Who is responsible for the doctor bills?”
First, you should contact an attorney familiar with personal injury and insurance issues in your area as laws in this area vary depending on where you live. Further, with more information they will be in the best position to advise you of your rights.
Generally speaking, a business who opens their door to the public owes must make reasonable inspections of the property and must act reasonably to protect against hazards they know of or of which they should be aware. Based on the description, its difficult to tell whether the staircase was in some state of disrepair. Even assuming the staircase could be considered a hazard, it would also be difficult to tell if the resort knew or should have known about its condition.
These type of cases tend to be heavily fact-specific, meaning the outcome can be very different depending on many different variables. As stated above, your best course of action is to contact an attorney and explain the specific circumstances of the assistant’s injury and they will be in the best position to advise you.
