my tenant's guest is suing me for getting her ankle hurt

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PostPosted: Fri Mar 17, 2006 6:39 am   Post subject: my tenant's guest is suing me for getting her ankle hurt  

Hi,



I am facing a situation which has become a grave concern to me for long.



Since the last three months I had rented my basement suite to a gentleman. For the past few weeks, my tenant's former girlfriend has started visiting him more often. It was quite late one night that this new guest had left my tenant and started walking towards her car.



Later on she has claimed to have fractured her ankle after she had trudged through an uneven path. Thereafter she had to drive a long way back, only to seek legal action against me later on.



I would like to draw everyone's attention to this simple fact, that there is no uneven sidewalk on my property and that the place is quite bright amidst the presence of two street lights apart from the one at my basement. I hope someone can give me some advice on this matter.



Regards.


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Henry
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PostPosted: Sat Mar 18, 2006 9:01 am   Post subject: twisted ankle  

Once I had faced a similar situation but somehow managed to escape from the clutches of the crook in time. I was looking for someone to hire my garage for sometime. I had come across this nice young lady who walked in, only to claim later that she had twisted her ankle on my driveway due to its irregularities. Thanks to the pictures of my driveway, that I had taken prior to the incident !



I was proclaimed not to have been negligent, after a thorough investigation by my insurance company. And just as I expected, my premiums did not go up. Its better that you convey all the evidences to your insurance company and let them follow up.

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PostPosted: Wed Nov 22, 2006 10:50 pm   Post subject:   

I'm hoping you have a homeowners policy with medical payments if you have a tenent in your home. If you already have a HO policy but no MP, MP cost next to nothing to add. MP pays a person's medical bills regardless of liability. I know it might sound like this just benefits a stupid person but it actually protect the homeowner in that it acts as a good faith offer. Granted, in this case it would not make an attorney go away.



I'm guessing you've informed your HO insurance carrier of this injury. As such, they will investigate and provide a defense.



The best thing that you could do is to take photos of your drive way and the lights to show that it is not an unsafe area.



Keep in mind... everyone is entitled to legal representation and everyone is entitled to their day in court. There should be no one to tell anyone that their complaint is not worthy enough. It's up the the injured person to _prove_ that your walkway was not safe. If memory serves correct, this person would be considered an "invitee" as you would allow your tenent to have people over into your home. You only owe this party a _reasonable_ degree of safety at your home.

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PostPosted: Sat Sep 12, 2009 8:39 pm   Post subject:   

I can see no negligence on your part.I think as you stated I see no reason for your concern.Well lighted pathways and no uneven walkways are in your favor.

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PostPosted: Wed Feb 23, 2011 8:56 pm   Post subject:   

Homeowners insurance is an absolute must, if only for the liability cover, as this situation illustrates. You can probably avoid having to pay a claim afterb thropugh investigation, but even so you may not be as lucky next time. what if she had tripped on your stairs?



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PostPosted: Mon May 09, 2011 7:47 am   Post subject:   

I think it is quite bizarre. You are completely innocent in the case. How can someone with their own fault blame somebody else.



I completely agree with Roddick. You should just tell the entire story to your insurance company.



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PostPosted: Mon May 09, 2011 1:24 pm   Post subject:   

Nice of you to comment on a 5 year old post.



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PostPosted: Sat May 14, 2011 5:27 am   Post subject: good  

two street lights apart from the one at my basement. I hope someone can give me some advice on this matter.


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lucy
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PostPosted: Fri Aug 05, 2011 1:16 pm   Post subject:   

Some times it gets tough to decide on how much fault each party involved actually owns. But, I guess it's easier to decide who all are at fault.

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PostPosted: Sat Aug 20, 2011 9:04 pm   Post subject: fell  

I rent a house and the back outside stairs rail broke while I was going down the stairs to put out the tash. I fell and my back hurt really bad. I didn't go to the hospital because I thought I was alright. My landlord has a lot of code violations, that have been reported. He has done some of them. But I didn't know that back rails were that loose. What should I do?


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PostPosted: Sat Aug 20, 2011 9:15 pm   Post subject:   

Quote:
What should I do?
What are you trying to accomplish?
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PostPosted: Sat Aug 20, 2011 9:49 pm   Post subject:   

Without documentation of your "hurt back", how do you expect anyone to believe you were injured. Additionally, if you have no medical bills or other economic losses, what is your claim for damages?



Now that some time has elapsed since your date of injury, choosing to go to the doctor for a diagnosis, it could just as easily be that your "hurt back" was the result of a work injury, or sleeping wrong in your own bed, not a fall that was the result of the property owner's negligence.



You might be able to get the property owner to repair the bannister. Beyond that, you are probably out of luck because of the way you handled this to begin with.



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PostPosted: Mon Feb 20, 2012 6:40 pm   Post subject:   

Thanks for the reply mod, it is really nice one from your views.



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PostPosted: Mon Mar 05, 2012 3:33 am   Post subject: My Tenant claims she fall in my sidewalk  

I just got back from a business trip and found a letter from a attorney claiming my tenant fall in my sidewalk last July 5,2011.

between june29 and July 27 i was on a business trip my sister went to collect the rent on July 6 or 7 my tenant told my sister that she had fallen on a close by street on a sidewalk and that the ambulance had to take her to the hospital. now she is claiming that she fall on the side walk of my property. if there is a police report that states that she fall on different address can i sue her for fraud against me? can i evict her? can some one tell me what my rights are. thank you Pippo


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PostPosted: Mon Mar 05, 2012 3:39 am   Post subject:   

Quote:
can i sue her for fraud against me
Yes... you can sue anyone for anything.



Quote:
can i evict her
That is a legal question and has nothing to do with insurance.
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