Legal Eaze #29 Injure responsibility/ bankruptcy

Title: August 31, 2005

Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.

Q. I was visiting a neighbor’s house about six months ago and I slipped on the stairs leading to the house. I hurt my back and I told my neighbor about slipping in her stairwell once I came into the house. She did not say anything about taking care of the doctor’s bill. I did go to the doctor and was told that I have a slipped disk. This is still causing me a lot of discomfort and pain, and I am afraid that I will be under the doctor’s care for quite some time. In the meantime, I have been paying for the doctor’s care, which is getting expensive, not to mention the pain I am suffering. Isn’t it my neighbor’s responsibility to pay for my doctor’s bills since I fell on her property?
A. Your neighbor probably has homeowner’s insurance which normally covers injuries sustained by guests or workers while being on her property. It is obvious that she will not do anything to help you unless you make another request that she make a claim to her homeowners’ insurance. If she does not relent, you should file a lawsuit. You have two years to do so from the date of the injury. But don’t wait two years. If you are still suffering pain after being injured six months ago and you run out of money, you might never get better. Better have her insurance pay for your medical treatment than you. Your neighbor is indeed liable for any accidental injuries sustained on her property
Q. My husband filed for bankruptcy, but I did not join in with him. He filed for BK on all of his credit cards, which he obtained before our marriage, expect for one or two. Can his creditors come after me for the debt he incurred on the credit cards that postdate our marriage?
A. Yes, they can. When husband and wife use a credit card, it is for the benefit of the community and therefore any debt incurred is considered community debt. If the husband is unable to pay, then it is perfectly legal for creditors to pursue collection against the spouse. If you are working, they can obtain a judgment against you and slap you with a wage garnishment. Of course, they can only take a small percentage of your salary, but nevertheless it hurts when you have to give up to 25% of your salary to pay your husband’s debts.