If tenant signed a lease agreeing not to go onto the windows walk but then he does and he gets injured when he falls, am I responsible for his injuries? Access to the widow's walk was not locked because I trusted tenant to adhere to lease agreement.
2006-07-27 03:50:33 · 12 answers · asked by Go-Girl 2 in Politics & Government ➔ Law & Ethics
If you added language in the lease that the tenant holds you harmless if they DO access the walk, then you have a fighting chance.
Still, arguments over the interpretation of such language in leases and other contracts are always decided in the favor of the less sophisticated party. In this case, that's your tenant.
Additionally, if there are any faults found related to the design or condition of your walkway that caused the tenant to fall, this compounds the problem, and sways again in favor toward the tenant.
This is an expensive venture to pursue for the TENANT as well as you. I handled insurance claims for 10 years. Statistically speaking, the party with the most money to make or defend their case wins. Sad but true. Don't forget that and stick tight to what you have (the lease agreement).
If possible, fix any obvious faults now, and post do-not-enter signs before anyone inspects-including your own insurance co. Any repairs or signs posted have to look like they've been there, not brand new. If it has already been photographed or inspected, then make no changes, or you'll basically be admitting that there was something wrong and winning the tenant's case for him.
And you'll need a good reason for leaving the walkway unlocked, not just trusting your tenant. Maybe you believe it was locked and he picked the lock. Yes it's unethical but so is what your tenant did (breaking the lease agreement and then suing you over it) You have to think like this if you want to win this case. I shouldn't say win...if he has an attorney there will likely be some payout to make it go away, but you can keep this amount lower if you make the effort.
If you have insurance, they will assign it to an attorney. Make yourself known and let that attorney know you want to fight it, because most insurance company defense attorneys are only interested in settling the case as fast as possible. Which means all they do is negotiate for a settlement payout. Your own attorney may even try to scare you into settling, by telling you how bad the injuries are and how much a jury will award if taken to court blah blah blah. Hardly any attorney will advise their client to go to court because it takes too long and costs too much money. You have to stick to your guns and it's not an easy thing to do sometimes.
Two other big things, 1. who is the tenant's attorney? a small local guy or big firm? Look them up. Are they well respected? Big trial lawyers? Hopefully he picked a small-time attorney.
2. What is your tenant like compared to local population? Does he fit in racially, socially? Does he work, would he be considered an upstanding citizen or a drunken loser? Would a jury like you or the tenant better? If a jury likes you and think he's just out to make money and is not severely injured, his case could turn into a big fat $0. Keep that in mind too.
The legal system is never clear cut, and a lot of times it's not fair either. It's all gray areas and money makes a difference.
I could go on forever and I'm sorry if this is too long.
I feel for you, and Good Luck.
2006-07-27 04:52:16 · answer #1 · answered by ? 2 · 7⤊ 1⤋
Posting signs or giving verbal warnings or even agreements in writing may not absolve you from responsibility for allowing a dangerous situation to exist. In this case knowing that trespassing onto the widows walk could result in someone being injured it is incumbent upon you to prevent access to this area. (barriers,fencing,etc.) In most jurisdictions for example people are required by law to erect fences with lockable gates around swimming pools on their own property. Warning signs or verbal warnings are not enough. A physical barrier must be in place to prevent trespassers from falling into the pool.
2006-07-27 04:13:04 · answer #2 · answered by B 4 · 1⤊ 0⤋
In order to prevent an ugly lawsuit you should probably take responsibility and have your property insurance pay for his injuries. Then reinforce that he signed the agreement not to go there and lock the access. Even if he sues and doesn't win it will still probably cost you more that taking responsibility in the first place.
2006-07-27 03:58:41 · answer #3 · answered by mattwbell 2 · 0⤊ 0⤋
I think it all depends on what he signed to. If the lease was saying that you are not liable for damages resulting from injury from going places he isn't supposed to then I don't think you can be liable. If he just signed a lease saying he won't go up there, then you could be held liable. I hope this helps even though it doesn't answer your question.
2006-07-27 03:58:16 · answer #4 · answered by JMU Alum 2 · 1⤊ 0⤋
No matter what the tenant signs, you are at fault if you don't follow safety procedures. The window should have been locked if you didn't want people to gain access.
2006-07-27 05:25:27 · answer #5 · answered by Imani 5 · 0⤊ 0⤋
You need to talk to yout laywer...but I believe if the door was un-locked and no sign was posted about it. The there could be a chance you could still be held liable......Remember the hot coffee fiasco a few years back with McDonalds...becuase there was no sign posted saying it could burn....when the woman spilled some on herself she sued and won.....they now have signs posted.
As a lanlord or owner...its your resposibility to make sure all bases are covered....locks on all doors and windows and signs posted with warnings of injusry and lawsuits pressed if orders are abused.....Good luck....
2006-07-27 03:58:40 · answer #6 · answered by lisa46151 5 · 1⤊ 0⤋
You need an attorney. Bite the bullet and make an appointment. Take pictures now of the walk, the access to the walk, and related things...Good Luck.
2006-07-27 03:57:38 · answer #7 · answered by vbrink 4 · 1⤊ 0⤋
Very good question. With it in the lease contract I don't think so but you might want to talk to a lawyer about it and make sure.
2006-07-27 03:54:22 · answer #8 · answered by Nitengale 2 · 1⤊ 0⤋
i can't be 100% sure but as far as i know with lease agreement u shouldn't be responsible. Good Luck :)
2006-07-27 03:55:49 · answer #9 · answered by Vicky 2 · 0⤊ 0⤋
You shouldn't be. If he walked on the roof and fell off, you couldn't be held liable. I don't see why you should be liable if he chose to walk on the widow's walk. Plus you have it in writing that he promised not to.
2006-07-27 04:37:02 · answer #10 · answered by Garfield 6 · 0⤊ 0⤋