Law Suit - Am I Responsible?
I just received a letter in the mail that states that a past tenant is looking to sue me for injuries on my property while living in the house. Here is the story:
Tenant injured themselves (fractured ankle) on a pipe in the yard that did not have a cover. I apologized to her that it happened and immediately covered the pipe. The tenant was due to move out that following weekend and she did.
Now I receive a letter in the mail from an attorney stating that they need my insurance policy, liability limits, name insured, etc. I pull the file on the property and get the survey which shows that the "hole" is not on my property. It is part of a Right of Way which is not paved. I believe that this happened on the cities property, not mine.
So I called my insurance and explained the details and they told me rather than starting a claim I should supply the survey to the lawyer and go from there. So I faxed a copy of the survey to the lawyer representing the x-tenant.
Should I be worried? I do have coverage of $300k but there is a $1k deductible which I dont want to pay (I know I will if I have to). Do you think I am responsible for the injuries? Please help with any info.
If it is not on your property you should not be liable. if the "right of way" is indeed city property, then it is their problem. However, if it is merely an easement over your property then you may indeed be found responsible.
No one wants to lose a grand, but that would be a cheap price to resolve any liability. Unfortunately your insurance is also likely to go up, which may cost you more in the long run. Covering the pipe implied that you thought it was your property- are you certain that it is not?
Hopefully you have heard the last of this...
Chris
The lawyer is prob salivating at the deep pocket of Tampa.