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FLRealEstateAnswer, Attorney
Category: FL Real Estate
Satisfied Customers: 25848
Experience:  Experience handling landlord/tenant issues, mortgage foreclosures, eviction, purchase and sale agreements
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My tenant went to take the garbage cans in at 7:30pm and

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My tenant went to take the garbage cans in at 7:30pm and says the handyman who was there to repair a leak did not replace the water meter cover properly. As a result he badly sprained his ankle and may need to go to the emergency room. When asked, The handyman says he specifically drove back into the driveway to replace the cover. I responded to my tenant saying I hope he feels better and offered a phone call. Is there something I, as the landlord, should be concerned about for liability?

Good evening. Just to be clear, the handyman said the cover was replaced, so the claim by the tenant may be false?

I have not heard back so I am going to sign off but I can respond in the morning, as needed. Speak with you then.

Customer: replied 1 year ago.
That is correct the handyman in a text stated that he replaced the cover
Customer: replied 1 year ago.
This can be further discussed in the morning. Thank you for the initial response.

Good morning. It may be possible that the tenant does try and sue you. I say this because if the handyman was an employee of yours and working under the scope of an employer/employee relationship, then the tenant may try and hold you liable, if he was negligent. At this time how, there are two completely different versions. You have the tenant who said they sprained their ankle as a result of the cover NOT being put on and your handyman who said he DID put it back on and specifically remembers. As such, at this time, there is no way to know who to believe. However, for them to sue you, they would need to show damages. While they may have hurt their ankle, it would need to be know what the extent of the damage was and any costs incurred. You said they MAY need to go to the ER, so you need to try and find out of they did. You also need to decide if you want to try and settle/resolve this, without any blame , if you think there really was an issue. At the same time, you can do nothing and stand behind what you were told by the handyman and inform the tenant, if they ask, that the cover was replaced and their accident was a result of something else, through their own fault. You can then wait and see what action they take, if any and defend the claim at that time. If they sue, your would want to see if your insurance would cover and protect you and determine if this is worth fighting.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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