Anyone has been claimed with a Trip-and-Fall incident as a property owner (The claimant may be a side walker)

Question

As a rental property owner, I do not the claimant, only know the person's name mentioned on the lawer's letter. I need help from who has real experience. I have insurance of course!

Answer 1

talk with your insurance agent.

Answer 2

You should immediately turn the letter over to your insurance company and let them handle it.  They will provide a lawyer to defend you and will do what's best.  You can provide input.

I owned a retail store and was sued and threatened with law suits many times.  Each time I had insurance and each time they handled the cases.  In all but one case, they settled with the claimant to get rid of the case.  These settlements were always for small amounts, usually $2,000 or less and were considered nuisance suits too small to warrant a lot of legal talent.  Word got around in the area that slip-and-fall practitioners could make an easy buck by falling in my store so law suits picked up.  The insurance company finally clamped down, took a case to court and we won.  We won the appeal as well.

That's my story.  My only advice to you is to never, never, never let your liability insurance lapse.  If you are in business, you are a sitting duck and are perceived by some elements in our society as having very deep pockets.  Good luck.

Answer 3

Contact your insurance company right now. They will investigate the matter.

Slip and Fall claims can be very tricky. Your duty as a land lord will be determined by state law and the language in the lease.

I really don't have enough information to tell you more. But call you insurance company right now and file the claim. Be sure to provide them a copy of the attorney letter and the lease signed by the renter.

The lease is important because they will frequently outline who is responsible for maintaining what part of the property.

Answer 4

The agent will help you, of course.

Your current problem is probably not going to be protected by another action.  So, please, please, please contact a CLU or other professional to protect your assets!

You are able to protect assets from legal difficulties if (and almost only if) you plan in advance.

Speak with a specialist.  If you do not have one, I will offer minimal advice so long as it does not violate any state laws - yours or mine.

Send an eMail to [e-mail]  but do not expect any help with your current situation.   For that you may need your attorney and/or your agent.  

Good luck!

And contact a local advisor, please.