If you injure yourself at a friend's house, you may be able to sue your friend and collect damages. Whether or not you can do this will depend on whether your friend is considered under the law to have breached a legal duty he owes to you.
How will premises liability rules affect my lawsuit?
If you get hurt at a friend's house, the rules governing your ability to collect compensation are based on personal injury law or tort law. This body of law, in most cases, requires the defendant to have hurt you either intentionally or through negligence in order for you to recover. Thus, the first step in determining whether or not you can collect compensation from your friend is to determine whether your friend was negligent or not.
Determining negligence involves deciding whether your friend breached the legal standard of care required. That legal standard of care is set in this case by premises liability laws, which dictate what level of duty the premises owner owes based on your relationship with the premises owner. Since you were at a friend’s house, it is likely you will be considered to be a "licensee" under the law. This usually means that your friend owes you a duty to warn you of any dangers he should reasonably know about and/or to correct any hazardous situations or conditions he could reasonably know about. If there was some danger at your friend’s house that he should have told you about or made safe for you, and he didn't, you can collect your damages if you were hurt as a direct result of encountering that danger.
Should I sue my friend?
Even if you can sue your friend under the law, some people wonder whether they should. The reality is, most homeowners have homeowners insurance and most renters have renters insurance. If you are suing your friend, you are likely going to actually be suing the insurance company and recovering your monetary compensation from them. Further, if you don't sue, you might not be compensated for all of your medical bills, the time you missed from work or the pain and suffering you endured.
If you believe you might have a valid legal claim after any injury, it is imperative you consult with a personal injury lawyer as soon as possible to protect your right to recover damages.