Hi, an ex tenant is suing me for hospital costs in the small claims court. She fell and broke her arm in my driveway. She claims this was due to my dog pushing her over. There where no witnesses at the time. She also had her dog on the premises which often jumped up against her. Does she have a case against me? The person suing me is also on High blood pressure medication which affects her balance and stability. She was forever walking into doors and bashing into things.
I am struggling to find information as to the validity of the claim against me.
Hi There - she will have to prove you or your dog caused the damages. Your defence about the high blood pressure and previous accidents is a good one. I think you have a good chance of defending the case successfully. Good Luck and let me know if you need further info. Regards XXX XXXXXX remember to rate my answer.
Thanks for the answer. I was hoping to hear if her case would be considered by the small claims court as being valid at all to be given time in court.
It states on the Government legal site that the claimant should have a valid case for the court to consider presentation to court. I am obviously trying to see if I can avoid the hassle of going to court.
Does she have the right to present such a case?
All areas of commercial and contract Law - specialist in property advice.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).