Originally posted by @Karen F.:
I guess it had to happen, after ten years in the business. Just got notice of our first slip and fall lawsuit. The tenant was at the time being evicted for non-payment of rent, was evicted, and now, about six months later, we got a letter from an injury lawyer saying that he's suing us for unspecified injuries that he claims occurred right at the time that he was being evicted.
So, I'm assuming that we just give it to the insurance and don't give it another thought, but I know the insurance will be motivated to just settle it for the deductible. We have a $5000 deductible. We doubt that he sustained any injury on our property, he claimed that he was having surgery on his leg about 2 weeks before he sustained the injury, he may even have moved out before the date of the injury. In addition, the man is on social security disability fraudulently - he works under the table as a roofer, and we have texts from him about it.
So, what do we do? Any advice from anyone who has been through this would be welcome.
You can approach it a couple of different ways. First realize that if your insurance gets involved both you and the property will go into the ever lasting computer of claims. Make sure it's worth it before you involve them.
Now, I have a little bit of background in legal matters so I'd be inclined to write a letter to the injury attorney.
I'd tell him that I understand his client would have to prove he injured himself on my property because of my negligence and that is going to be pretty hard to prove. Your client had been evicted and if he was on my property and if he was hurt, he was unlawfully trespassing. He never mentioned the incident to anyone nor did he file a police report.
I'd also mention that if said character was fraudulently on SS disability (you can't say that he was until it is proven) then that of course would come up in court and we would bring in the roofing company he was working for simultaneous to his disability claim.
Mr Attorney, it would seem odd that someone on SS disability had clearance from SS to work in a hazardous job like roofing while collecting disability. And, as another oddity, we've kept the communications from him about his contemporaneous work for the roofing company. As you know, this becomes part of the interrogatories and evidence and of course would necessitate notifying SS of our little disagreement here. So, either he was unlawfully working as a roofer while on SS disability or he lied in the communications we've preserved and you have a "not credible" witness. Which of those two do you want to argue in front of a judge about?
Now, if your client wants to proceed with this charade, please feel free to request my attorney's information.
respectfully,
NAME
CC: File, pending attorney
***********
If you hear from the attorney again, tell them you will respond when you receive the complaint in the mail.
You'll never hear back, if your facts are as presented.
(This is not legal advice, it was all made up as a flight of fancy on a slow friday afternoon)
But hey, That's how I handle these.
