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 Posted: Tue May 20, 2008 11:57 am Post subject: Am. I negligent? |
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| 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. |
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Thelandlord1950
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| Posted: Tue May 20, 2008 11:59 am Post subject: |
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Also would my insurance go up because it wasnt up to local code either?
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Landlord1950
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| Posted: Tue May 20, 2008 12:25 pm Post subject: |
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I'm sorry landlord, but you ought get a good spankin' for this! | Quote: | | This person was injured a few months ago but i still havent got around to fix it yet |
. GEEZE !!!!!!!!   Do you just want to have to declare bankruptcy? You're really asking for trouble here my friend...why on earth would you leave this after knowing it? I'm sorry but EVERYONE is busy...You'd better get on this YESTERDAY! Before you have about ten more claims! | Quote: | | Im pretty sure my tenant has took pictures of the steps and other hazards on the property. |
Or her attorney did more than likely then adding up punitive damages because after being made aware you didn't fix THEM.... | Quote: | | If she would to show the picture to the insurance and most recent ones of it still not fixed. Could she prove negligence? |
Sorry but duh, yeah!!!! ARen't you? | Quote: | | And would my insurance pay out? |
You better believe it! | Quote: | | Once again im not a bad person im just busy. |
I don't think you're a bad person, however I do think you are certainly irresponsible...GEt over there today and fix them...Also call your insurance carrier and turn in the claim yourself, before you're served with lawsuit papers, which I am betting is in the works! Just about guarantee it! No body takes pictures, of that AND other hazards....if they aren't building a claim/suit... | Quote: | | Also would my insurance go up because it wasnt up to local code either? |
I'd bet on that too ''IF'' they don't cancel you all together, which they certainly have every right to do...They ''can'' also deny the claim if you fail to report it 'promptly' and I promise you, you don't want that!!!!
What has this poor tenant said to you? What are her injuries? Have you had any other claims?
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Lori
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| Posted: Tue May 20, 2008 2:27 pm Post subject: |
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It is some kind of injury to the arm. Im not sure of what injury or exact medical terms. How can they add more damages because i didnt fix it yet? No i havent had any claims. She also called the code inspector on me because of the steps and other hazards on the property. He gave me a time limit to fix them. Is their anyway i can get out of all of this?
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Landlord
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| Posted: Tue May 20, 2008 2:37 pm Post subject: |
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Also could the report from the Code enforcer be used against me?...She just filed a complaint a few days ago.
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Landlord1950
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| Posted: Wed May 21, 2008 3:14 am Post subject: |
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| Quote: | | He gave me a time limit to fix them. Is their anyway i can get out of all of this? |
Your kidding, right?
Let me see if I have this correct... your failing to keep your property in a safe condition but you have a good reason... your too busy to prevent people from becoming injured. Just wondering... what is more important then keeping your paying customers from getting hurt... collecting their rent?
Then, _after_ someone gets hurt and you also realize that this person is documenting other parts of your death trap, you STILL can't find the time to have repairs done. Hummmm... ever heard of contractors? You pick up the phone, call them, and they come out to make repairs for a fee
But I need to go on... your paying tenants then complain to the code enforcement agency and they _tell_ you that repairs need to be done so other people are not hurt and you want to know a way to get out of this requirement.
Was the username Slumlord already taken?
Can your insurance be increased....? Again, your kidding, right? I smell a non-renewal around the corner.
If I was the adjuster on "these" claims, I'd be writing checks as quickly as I could (I'm sure they will be big checks) and sending as many "risk reports" to my underwriting dept as I could to make sure we were off the risk yesterday.
| Quote: | | Once again im not a bad person im just busy. |
I guess people getting hurt is an inconvenience. Are you also too busy to collect rent payments?
Why do I think this is joke post.... |
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tcope
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| Posted: Wed May 21, 2008 4:23 pm Post subject: |
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Tcope your making sound like im one of the most terrible person in the world. People make mistakes some more than others. I wasnt asking how can i get out of the requirement. I was asking if there is a way i can get out of this claim or suit. Also would that report from the inspector stand with my insurance adjuster? Dont they work for me and try to help me? Can you help me out? How would all this work? I never been into one of these before.
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Landlord1950
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| Posted: Wed May 21, 2008 4:45 pm Post subject: |
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You collect rent from the tenets and as such are held to a much greater responsiblity of providing a safe environment. Not only did you breach this responsiblity initially (which result in someone becoming injured) but even after you knew about the hazard AND that it caused an injury, your still refusing to make the area safe for those people. Now what was your reason...? You've been too busy. can you imagine being asked this question in front of 7 jurors and the reason you give for failing to correct the situation is that you were too busy? As the plaintiff attorney my next question would be as mentioned above... were you also too busy to collect the money from the tenants? At that point the plaintiff could just go home... the case is all over.
| Quote: | | People make mistakes some more than others. |
This is not a question of making a mistake... it's a question of not correcting the mistakes once they are made! | Quote: | | This person was injured a few months ago but i still havent got around to fix it yet. |
| Quote: | | Im pretty sure my tenant has took pictures of the steps and other hazards on the property. |
Of course the inspectors information can (and _will_) be used against you. It's public information and shows that you have simply allowed these violations and hazards to exist. The report will be the _first_ think the injured person's attorney will obtain.
Do you really have any thought in your mind why this tenant is taking pictures? Perhaps she's into scrap booking. I hear its very popular these days.
Here is how I'd recommend proceeding.... repair ALL known problems with the apartments. Comply with all requests from the Code Inspector. Speak with the injured tenant prior to making the repairs and let her know how sorry you are that this happen and that you are going to correct all the problems. Perhaps ask her to point out the items she would like to have corrected and which ones are most important to her. Keep her updated as to the repair times if she would like. If you need to hire someone to do the work in a timely manner, use some of that rent money. Bake her some cookies... everyone likes cookies. I'd basically kiss this person's butt and even after all this, it's _extreemly_ possible she will still file a claim against your insurance policy and/or file suit.
If you thought you were busy before you ain't seen nothing yet! If you can don't have enough time to maintain a safe living place... you don't need to be a landlord. |
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tcope
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| Posted: Wed May 21, 2008 8:16 pm Post subject: |
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Thank you for the your help. Cant my insurance company help me in anyway? So if this was to go to court would i lose? Maybe i can offer her free rent.
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Landlord1950
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| Posted: Wed May 21, 2008 8:24 pm Post subject: |
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Sorry for the double post i probably click submit twice. Also do i have any defense? Wont my insurance fight for me? Also i heard trip/slip and falls are hard to prove in court.
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Landlord1950
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| Posted: Wed May 21, 2008 8:35 pm Post subject: |
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If you have insurance, YES they can address a claim. You _NEED_ to report this to them _right now_! You know that an injury occured and there is also an indication that the injured party is building a case against you. Your insurance company will provide you a defense in this situation and the earlier they can do this, the better. Most policies have Medical Payments that can pay for medical treatment regardless of liability. This can go a long way in helping someone to forgive for the situation.
As mentioned, with that I read, you'd loose in court in about 5 seconds.
You could try the free rent but keep in mind, she can take that and still make a claim or file suit. If you could waive the rent, I think it would be better to take that loss and turn it into repairs around the place.
Also, I find a nice conversation can go a LONG way! |
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tcope
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| Posted: Thu May 22, 2008 11:28 am Post subject: |
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| Quote: | | 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.
| Quote: | | 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....
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Lori
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| Posted: Thu May 22, 2008 2:27 pm Post subject: |
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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.
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Landlord1950
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| Posted: Thu May 22, 2008 10:04 pm Post subject: |
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What about the defense of i didnt know about it before the injury?
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Landlord1950
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| Posted: Fri May 23, 2008 2:53 am Post subject: |
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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.
| Quote: | | 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. |
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tcope
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