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Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6516
Experience:  Real Estate Attorney
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A tenant who has lived on the property for years fell and broke

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A tenant who has lived on the property for years fell and broke her glasses, not injured. She is talking about suing. A witness who helped her up signed a statement that he helped her up and she was drunk as a skunk and had a can of beer in her hands. His brother was also there. She said a cousin of hers was an attorney and that the sidewalk was uneven. Our apt mgr went and took a picture and the sidewalk on which the tenant walks every day and it is okay, not uneven. She was there when the picture was taken. She wants us to buy her new glasses. Do we owe her anything?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Do you know if she only wants a new pair of glasses or is she wanting a huge settlement?

Customer:

I believe she wants a new pair of glasses, which she says cost $500.

TMcJD :

Okay. Well, essentially what it all boils down to is whether there was a dangerous condition on the property that she was not warned about and that was not remedied to prevent injury to her or others. It is a premises liability issue. However, if the sidewalk was not uneven and presented no danger to any person, then she has no real legal claim. Unfortunately, however, that doesn't mean that she could not sue. She could still sue and then you would have to defend yourself in the suit by proving there was no dangerous condition and that her fall was the result of her own drunkenness. This means you could easily spend months to years and tens of thousands of dollars defending yourself. If you have liability insurance that would cover this type of event, you could turn it over to your insurance company (in the event of suit) but you may be liable for any deductible and premium increases that might result from the claim. Simply having her sign a settlement and release agreement, and paying her the $500 may be the quickest and easiest way to get this handled even though you did nothing wrong. If you do go that route, it would be advisable to spend a little extra money to have an attorney assist you with the settlement and release agreement to ensure there's no way she can still sue you for something else.

TMcJD :

Please let me know if you need clarification or additional information. Thanks.

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