Tenant Fell in The Parking Lot... Can I Be Sued?

Question

Hey there, BPers. First time poster. I've got a townhouse with a tenant in it.

While walking through the parking lot of the townhouse complex, he slipped on ice, fell and busted his skull open tot he tune of $125k in medical bills. I didn't hear about the incident until a couple weeks after it happened when I went by to pick up rent. He mentioned he was suing the HOA of the townhouse complex since maintaining the landscaping, clearing ice, snow and public spaces like the parking lot are the responsibility of the HOA. 10 months later, I get a letter from a Personal Injury attorney asking me to provide all of my liability and umbrella insurance policy and to cease all contact with my tenant...

Any lawyers out there who can help me understand how I could be held liable for a tenant falling on the parking lot, which is a public space of the townhouse complex (which is not my property)? Many thanks and y'all have a great night!

Jim Shepard · Answer

I own several restaurants and have to deal with slip and fall accidents a couple times a year. You first need to Stop talking to your tenant's attorney. Second contact your insurance carrier immediately and fill out a claim. You will then be contacted by their insurance adjuster. He'll need your tenant's name, address, birthday,etc. They will then contact your tenant's attorney to see what they are looking for. Yes, you will probably be sued but it's your insurance carrier's problem now. I'm not an attorney but the tenant's attorney can tell you not to contact your tenant about the case. Your insurance company will not want you talking to the tenant or his attorney about the case. However you can run your business and contact your tenant about other problems / concerns. Do not plan on "getting even" with your tenant for filing the lawsuit. If you were to do this it could be construed as retaliatory retribution and your insurance carrier could sue you for interfering with their case. If you need to say, evict the tenant for something, I would discuss with your carrier before doing anything. I like communicating with all parties concerned thru email - you have a trail. Btw these problems can take years to be settled. Relax, take a breath and continue doing business. You'll be fine.

Raul R. · Answer

I wouldn’t worry much but it’s always best to be pro active. If I was in your shoes I would contact my lawyer first before providing any info to an Accident Lawyer. I agree with you, you shouldn’t be liable but Accident lawyers tend to sue everyone possible..

Jill F. · Answer

Not a lawyer but have been sued for slip and fall when we use to own a restaurant. People can sue anyone for anything anytime. Just give the lawyer the insurance info. The insurance company will deal with it. You'll only have to be involved if they actually go to court instead of settling and then the insurance company will defend you.

Jonathan Dickerson · Answer

Updates: I called the lawyer and told him I didn't have an insurable interest on the property where the tenant was injured so I couldn't provide any insurance coverage that pertained to the parking lot. The lawyer was candid and said they didn't need my information, but as I was the owner of the property where the tenant was living when the injury occurred, they wanted me to be informed of the pending lawsuit. The attorney said they were wholly pursuing the case against the HOA and Property Management company. @Al D. + @Jennifer A. - The PI attorney also said that despite the wording of the letter, you are both right and I am completely within my right as the landlord to contact the tenant but I am prohibited from discussing the case in any way. @Raul Rapalo - I was once told by a local real estate investor that while it's much EASIER to collect the money via Venmo, check or money order, it's nice to be able to collect the cash every month as a good reason to do a visual inspection of the property, the neighborhood and the interior of the home. I'm much less likely to be surprised that my tenants are growing pot or cooking meth if I'm in the home every month and they don't know when I'll be there. My tenant is on permanent disability (an older gentleman who does everything in cash since he cashes his disability check the day it arrives and doesn't use plastic/checks) so it didn't seem like a big deal to accommodate receiving payment in cash. :)@Liz C. - I do have liability insurance, but I'm hoping I won't be needing any of it, per the update from the tenant's PI Lawyer.@Jim Shepard - Thanks for the advice. I reached out my insurance company to at least let them know what was going on, but because the PI Attorney told me not to send them anything, they aren't taking any steps at the moment. Many thanks for all the advice and guidance. We're dealing with this in the midst of trying to close on our first Self-Directed IRA property and moving 2 grandparents into (and recently out of) hospice. Stay well, everyone and I'll update as developments unfold.

Jennifer A. · Answer

the attorney has no authority behind the command to not contact their client. I would, however, NEVER discuss the fall or anything that resulted from it to protect yourself.

Jonathan Dickerson · Answer

@Jason Bott & @Derek Lacy - I'm just at a loss trying to understand why my insurance is involved at all... Him falling in the parking lot has as much to do with my insurance as if he fell inside the pool, a grocery store or a gas station (all properties I also don't own or have insurance for)...

Carl Fischer · Answer

@Jonathan Dickerson@Jill F.sims it up pretty well. I would add you will probably pay the deductible. Your insurance may also sue the HOA. The tenants rentor policy will also probably be involved. If it is all with one insurance company it will go away quickly but either way, most likely, your deductible is your risk. Always require tenants to carry renters insurance.

Liz C. · Answer

quick question to everyone : doesn’t liability insurance cover that ?

Sam Shueh · Answer

help. Lawyer. Don't volunteer info,

Liz C. · Answer

Do you have liability insurance ?