by William23 » Sat Jun 21, 2008 10:57 am
Hi. Everyone on ampminsure. My girlfriend is in this situation. She lives in this big apartment complex. She trip and fell on this defect near the step. After the fall she didnt go to the doctors until a few days later. My girlfriend isnt the type to run to the doctors for a little pain. She knows that is just took a fall and of course she is going to feel pain. But after a few days the pain got worse. She went to the doctor and they put her on pain meds and a splint. Doctor said her body may heal and resolve the injury or it may require surgery. After that she hired an atty. Later on she and her atty discontinue the services for a reason. She was trying to handle it on her own. Finally after the investigation was done the adjuster deny the claim. The adjuster states the reasons for the deny is 1. The hazard was not report to the owner, 2. Residents of the didnt see hazard and 3. There was no witness or proof it happen there. Owner was notified by atty and picture of defect.
Posted: Fri Jun 27, 2008 02:28 pm Post Subject:
Wont the insurance say something like why didnt she see it or why didnt anyone else got injured.
The answer to that would depend a lot on your explaining the visibility of the defect when you have clearly stated somewhere that
It was part of a railing system. It was next to the steps going upstairs to the apartments. She was just walking.
He is require to keep areas like this in good condition and repair.
Obviously! thats precisely where he's gonna lose..Posted: Fri Jun 27, 2008 03:13 pm Post Subject:
Maybe the insurance would say that but that wouldnt dismiss liability. For example lets say you went to a store to pick up a item. That wouldnt take you long so you decide to park at a no parking. I come a few minutes later speeding and smashed into your car. I can say well you shouldnt be parked there and you should of known that it was a no parking but that doesnt get me out of liability. It just a migrating factor in the case. Well maybe she should have seen it but he is still liable. the owner have a duty, it is a heavy used area, it was a very common area. Also he was in violation from the defect. He is supposed to keep area in good repair and condition. Meaning you just dont fix something when piece are falling off.
Posted: Fri Jun 27, 2008 04:31 pm Post Subject:
Sorry for the same post my computer goes crazy sometimes.
(I caught it William and deleted one...no harm no foul :wink: --lori)
Posted: Fri Jun 27, 2008 07:46 pm Post Subject:
Tscope my gf wanted your help on that letter. You already know the reason why the adjuster deny the claim. This is why my gf think the landlord is liable. This was a common/public area that most if not everyone use, the defect was a violation code, proper maintainence would have prevent the incident, inspections should have been done to this area, he is require to keep this area safe and in good repair, he have no maintainence records to prove he had done inspections, he owe his highest degree of duty to tenants. Are there other reasons to point out why he would be liable? Also isnt he suppose to comply with safety and property maintainence codes? She wantr to make the letter short and sweet right to the point. She is also trying to talk to the mail guy who might have seen the defect because than wouldnt that be some form of notice and the landlord should have known about it? I know you are an adjuster, how can my gf convince the adjuster he is liable?
Posted: Sat Jun 28, 2008 09:36 am Post Subject:
Anyone here?.....
Posted: Sat Jun 28, 2008 09:44 am Post Subject:
Should my gf try to get a statement from the mail guy if he seen the defect? If so does it have to be long, is it suppose to be in a certain way? If she does get one from him do she submit it to the adjuster even though the claim was denied? Sorry for all the questions since yesterday but can you answer them all when you get a chance. Thanks a ton once again. :-)
Posted: Mon Jun 30, 2008 09:19 am Post Subject:
Also the photos showed signs of deterioration would that be enough for constructive notice? The sides of the railings that were left that didnt come off was leaning. How must a owner that is taking care of his property not notice that. Thing like deterioration doesnt happen over night it takes a while to occur which he should of discovered it, that also prove he wasnt maintaining a highly used area that he maintain control over of. You can clearly tell by these photos. Should she send all these photos to adjuster?
Posted: Mon Jun 30, 2008 09:27 am Post Subject:
Lori is tscope on vacation?:-):-D
Posted: Mon Jun 30, 2008 11:58 am Post Subject:
Lori is tscope on vacation?
I don't think so....I'm send him a pm, (you do understand though that we post here voluntarily we are not owners or employees of the site right? :wink: ). I'm fairly sure he has just been busy and will respond as soon as he has time..hang in there.Posted: Mon Jun 30, 2008 12:06 pm Post Subject:
Thank you Lori
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