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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I have a tennet who has a step mother who is sueing me for

Customer Question

I have a tennet who has a step mother who is sueing me for as put tumbling down the stairs
in the apartment I rent to her step dauthger. the up stairs has two bedrooms there. I wonder why she was up there. I was sent a letter from an attorney that that she is sueing me for medical expenses and lost wages. I recived this letter 40 days after it was to have happend. Should they have contacted me to tell me of the injury in a more timely fashon.
The stairs have a hand rail on one side, The apartment is inspected yearly by city. It has always passed. ? No reason I can see why she was upstairs unless she was invited up.
Whould that not fall into the tennets responsabilty? or am I scrued.
Submitted: 5 years ago.
Category: Legal
Expert:  Jack R. replied 5 years ago.

In order to recover for injury an individual must be able to prove that you were negligent. e.g. that you failed to peform some act that would have prevented the injury. There needs to be some determination that the stairs were in misrepair, or not properly maintained/designed to handle pedestrian traffic. In addition, you can only be sued for "common area". These are areas that are under your control. You should also check your lease for a "hold harmless clause." It is not applicable in many cases but may help you

 

Your insurance company should handle this. If not covered, you should contact an attorney. There are a number of defenses for this type of occurrence. You should inspect the stairway and make sure there is no dangerous condition such that another person can get injured.

 

Notice of the injury can occur much later than the occurrence. Timeframes of 1-2 years are not uncommon.

 

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Jack R.
Jack R.
1937 Satisfied Customers
OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.