Cause for concern?

Geoff, I have decided to wait and see what his lawyer responds with, no need racking up costs without cause just yet.

Pushka, or it could be simply he broke the fake leg in a slip with a hammer. No witnesses even his family was away on holidays at the time. We have had issue in the past with him not maintaining the gardens.

Mark
 
Hi there
just have to say this thread made me almost cry with laughter - but seriously since the Civil Liability Act made it much more difficult for solicitors to recover costs in such matters - and solicitors have to certify a party has a reasonable cause of action - it has been much more unlikely that legless claims will be successful. As has been highlighted above, the insurance company takes over the matter - and once you have notified them of a potential claim - you probably won't hear about it again.
 
I too have found this thread both amusing and thought provoking. I am drawn to the fact that this LEG-less claim will in the end be handled by the LEG-al people!:D Seems fitting.
 
Sounds like he should claim on his own contents insurance (which he probably ain't got!) because it is not physical injury to himself. Worst case scenario, what is the cost of supply and fit one new artificial leg! Obviously will NOT be an arm AND a leg :D
 
Good luck with the tenant Mark!
I am sure that if there is anything forthcoming, your legal representative will 'hop' to it (sorry ;) ) and sort it out quickly. In these litigious times these types of claims would be seen frequently by the courts and they would be making sure that he isn't trying to wrongly fund his lifestyle on a slip up of his own doing.
 
I agree with the advice, don't do anything.

So what he broke his leg, unless you did something or failed to do something that would be considered negligent then no problems.

Even if you did do something, if the property is insurered, which you say it is your fine. Getting your own lawyers is probably the last thing you would do if you are insured.

If you really wanted to you could let your insurer know, but i would wait. I'm not sure which state you tenant is in, but in QLD they would have to serve a Notice of Claim on you whih you would then pass on to your insurer.
 
Unless you have been negligent in anyway you don't have to worry. Let him file a claim against your insurer and deal with their expensive lawyers and red tape. It's almost impossible for anyone to make a lot of money through suing people in this country thanks to tort reforms and our legal system. Not too many lawyers will waste their time and money on cases unless there is a very high chance of winning a large settlement, especially against an insurance company.

A phone call to your insurer should ease your mind.
 
If there WAS a danger to him, he should have notified your PM. And I guess they dont have any concerns that have been raised by him. Also, he did have the opportunity to inspect the property prior to moving in , so if there were any issues, he had the opportunity to raise them.

You must be hopping mad
 
I wouldn't contact your solicitors yet coz they will start getting busy as a one-legged man in an butt kicking contest :p and charge you accordingly.

However if he does take it further with the new compensation laws out he'll probably end up running with his tail between his leg. :D
 
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Hi all,

This thread is priceless, and with deference to Geoff and his abilities, I'll say the following....

This fake leg broken case will not get a foot in the door. It kneeds a great amount of legwork to prove it's worth. The ankle he may try to use is toe-tally useless. I just S-thigh when I read such an appalling attempt to tread on your solid footing for your future.
Don't worry about the kick this will give to the steps you take to reach your investment goals, even if you have to take a step backwards (he can't). I'll not hop on the bandwagon of what conclusions to jump to here.

bye

Ps Really, do nothing, then if something comes in, put it in the feet (why should everything be put into 'the hands'?) of your insurance company. :D
 
I think his claim is unjustified and he will simply leg-go. Is he really that threatening? He seems 'armless to me.:rolleyes:

On a serious note if he really is in such a bad way, I would go out on a limb to help him ..........:D
 
I have just received a letter from my tenant, the basis of the letter out lines how he has lived in my property and has been unsatisfied with the condition of the property.

He writes examples such as faulty front door lock, stove problems, stains on walls/carpets, overgrown gardens and paving that has lifted. He claims that these items where requested to be repaired but his requests where ignored.

I am aware of the paving lifting and had them lifted up, tree roots cut out and re-laid about 6 months ago and am unaware of any other repairs that are required to be done.

He is claiming that he fell over the lifted paving and broke his prosthetic leg. He is seeking payment for the repair work to his prosthetic leg totaling $8,903.35 (he attached a quote from Support For Life Shenton Park WA) the work has not yet been carried out.

I have until COB Friday May 18th to come good or he will pursue legal action to recoup these costs and will also seek compensation “for pain and suffering, and difficulties in performing his job that he has recently commenced.”

I have proof of all work carried out on the premises and have also addressed any issue that my property manager has raised with me. Since his accident he has not asked for any repair work to be done so I persume the paving is still in need of repair (again).

I am sending around my property manager next week to review the state of the property and photograph the paving. I will also be forwarding his letter onto my insurer.

Your thoughts are welcome.
 
HI there
the best thing you can do is forward this letter to your insurer - you need to make sure the insurer will meet any claim made - as it will affect your next step - whether to get your solicitor involved at all
 
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