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: Tue May 27, 2008 05:28 pm Post Subject:
Well, for the most part that is true but defense is also relative to the status of the claim. That is, if the insurance company can handle the claim quickly with just the injured party they will be more willing to pay the claim. But if the claim were to go to an attorney and/or have suit filed, then they would look at every defense possible. So certain defenses can be argued but they may be minor. This as notice, did you know or should you have known about the hazard. This is always going to be a grey area.... should you have known about the problem. Your insurance company can always raise the argument that you should not have known. Did the claimants shoes possibly contributed to the fall, etc. I think you have liability against you... but there are always mitigating factors to that liability.
Posted: Wed May 28, 2008 10:36 am Post Subject:
Lori said there isnt a defense in this situation
tcope explained this very well, and he and I know more than likely from what you have said in this thread.. The adjuster will get to the tenant as fast as possible and hopefully settle the claim on your behave (pay them)...as it appears there is no defense (you say there are many hazardous conditions)...there most certainly is zero defense, and likely a higher payment should there be another injury at the same area AFTER you were made aware of the danger and neglected again to repair it....Juries look very poorly at landlords that say they knew about the problems, but were just too busy to get it taken care of...as stated before the next question out of a claimant attorneys mouth will be, 'were you too busy to deposit those rent checks?' see what I mean about no defense...doesn't mean they won't defend it if the claimant for example wants a million bucks for a 5k claim....Please be totally open and honest with the adjuster including the inspection report, when you were notified etc...the last thing you need now is to provide false information and get this claim denied...
Posted: Wed May 28, 2008 01:47 pm Post Subject: yup!
Yes, we need to be very careful in handling these situations.
Posted: Thu May 29, 2008 09:35 am Post Subject:
Yes, we need to be very careful in handling these situations.
OK, content.... :roll: :wink:Posted: Thu May 29, 2008 07:04 pm Post Subject:
If this was to go to court what kind of court handle these suit? I know it wouldnt be small claim.
Posted: Fri May 30, 2008 10:36 am Post Subject:
If this was to go to court what kind of court handle these suit?
It would be in a civil court...I know it wouldnt be small claim.
How do you KNOW that? What EXACTLY is the tenants injury? Most of the time these claims do not go to court...so honestly I wouldn't get myself too worked up about that right now....Posted: Fri Jul 18, 2008 02:29 pm Post Subject: Popsy
Yes! I agree with your great advice, it really works for me.
Thanks for your information!
Foreclosure
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