by Thelandlord1950 » Tue May 20, 2008 11:57 am
Im a landlord for a few apartment buildings. A tenant got injury due to some bad steps in a common area. I know i was suppose to maintain them and keep them in good repair but at times im so busy with other apartments and what not. This person was injured a few months ago but i still havent got around to fix it yet. Im pretty sure my tenant has took pictures of the steps and other hazards on the property. If she would to show the picture to the insurance and most recent ones of it still not fixed. Could she prove negligence? And would my insurance pay out? Once again im not a bad person im just busy.
Posted: Thu May 22, 2008 11:28 am Post Subject:
I'd basically kiss this person's butt
I would offer her free rent for a year and pay her medical bills, but certainly get a release...I'm betting she already has an attorney, and I don't blame her one bit...I'm sorry, but you come across very cavalier, with knowing she's hurt doing squat about it, knowing you have other hazards doing squat about it...I don't know if you are a parent, but you are child, how would you feel if this was your mother? Wouldn't you be wanting to get this irresponsible landlord by the scruff of the neck by now?
Your carrier would provide a defense if there were one...and I see none.
How can they add more damages because i didnt fix it yet?
If your state allows punitative damages, (damages intended to punish the at fault party), then you are a good canidate...You KNOW about the hazard, and do zero to correct thus KNOWINGLY put her and every other person at risk for injury....Do as we both suggested call your carrier, and turn in this claim...talk with this poor tenant, and above all fix this property!!!!!!!!! geeeeeeeeeze I don't see the issue, ''i'm too busy'' is bunk....
Posted: Thu May 22, 2008 02:27 pm Post Subject:
I called my insurance and told them about it, i gave them her (tenant) number so they can contact her. I thought insurance companies are good with defense in a slip/trip and fall. Hopefully this isnt going to turn into something too big. Lori and Tcope thank you for helpful advice.
Posted: Thu May 22, 2008 10:04 pm Post Subject:
What about the defense of i didnt know about it before the injury?
Posted: Fri May 23, 2008 02:53 am Post Subject:
You have a _higher degree_ of responsiblity tenants to provide them with a safe environment. You are charging people a fee to live there and as such, owe this higher duty.
A tenant got injury due to some bad steps in a common area.
You mention the the injury occured in an area that is well used. As such, how could you not know about the defect. Also the question is, _should_ you have known about it, not just "did" you know about it.You also mentioned not repairing the area. If this is discovered it can be used against you as the argument will be that you have a history of simply allowing these conditions to exist. That is, even after you know about the hazard, you still don't do anything about it.
Posted: Fri May 23, 2008 11:39 am Post Subject:
I thought insurance companies are good with defense in a slip/trip and fall
They are ''IF'' there is a defense...you admit (several times) thatbad steps in a common area. I know i was suppose to maintain them and keep them in good repair but at times im so busy with other apartments and what not
what you are thinking about is fraud....this sure doesn't seem to be....and sounds to me that there is NO defense.....I'm glad you called them and that this tentant will be taken care of....Please please please fix the steps and whatever else is in bad repair at your propertys....Keep us updated...also you do understand don't you that it isn't only tenants that can sue you for poor conditions, most particularly in a common area right? If the mail man falls on these or a guest of your tenants, or me for that matter...same thing...Posted: Sun May 25, 2008 06:24 pm Post Subject: can do this..
I suppose that is your responsibility to make sure your tenants are safe because they are paying you monthly. As you said you are busy, its better of appointing a supporting officer to look after all your buildings. that would pay off.
Posted: Tue May 27, 2008 04:11 pm Post Subject:
What would my adjuster do once they recieve the building inspector code reports about the dangerous conditions that exist on the property? Will they want to settle with my tenant or not? Will they ask me questions of why i didnt fix them conditions? How will this affect my rates? Should it they affect it anyway, they are getting fixed now?
Posted: Tue May 27, 2008 04:19 pm Post Subject: yes
I suppose it effect somehow. Even though its always to get good atmosphere going around to avoid problems..cheers
Posted: Tue May 27, 2008 04:22 pm Post Subject:
What the adjuster will want to do is contact the injured party and speak to her about the situation. The adjuster will also contact you to discuss. You do want to let them know about the inspectors report.
Your carrier is going to provide you a defense. This can be issuing payment to the injured party in return for a release so your no longer liable and/or providing a defense in general, disputing liability to any degree. This is why they need to know about the inspectors report... so they understand how they should approach the situation. You don't want them to not understand the situation, possibly deny the claim, have this person obtain an attorney and possibly file suit against you and then have it come out that there is an inspectors report on the problem.
You may have medical payment coverage on your policy that can be extended to the injured party. This payment can be offered regardless of liability. This can go a long way in relieving the pressure of medical bills being paid by the injured party. If I can tell someone, I'm looking into this claim but in the meantime I can address your medical bills so there are no issues there, it can go a long way into showing good faith.
The adjuster will probably ask question for which your reply will not paint you in good light. This is the adjusters job and they do it all the time. So they are not going to pass judgement. Trust me... no matter how wrong something in this case is, the adjuster has seen/heard _much_ worse. Their job is to handle the situation, not to pass judgement. You pay a premium for this service. Your the insurance companies customer.
Posted: Tue May 27, 2008 04:38 pm Post Subject:
Lori said there isnt a defense in this situation. I just want this all to go away. I hope this is the last time im going to have to deal with something like this?
Add your comment