Legal action help needed

[Toni]

We have had an issue with one of our properties, wherein supposedly this elderly woman claims she fell and hurt herself in the courtyard 2 years ago and has now decided to sue. She claims she was retired at the time and had entered the property as a friend of the tenant. But the tenant has never heard of her and has signed a stat dec to that effect, he has also stated on the stat dec that he has never been aware of anyone hurting themselves on this property since his tenancy began. The tenant is only in his late 30's and was shocked!

Has this ever happened to anyone else? I have never been sued before in my life. We have put it to our insurance company, but they are not accepting liability at this point until they investigate the allegations further. Can someone please offer some advice, as I'm a wreck, or am I worrying unecessarily?

Tony

 

[MangoMadness]

I would let the insurance company investigate and not worry too much.

I think the crucial piece of information that you have there is that the tenant signed a stat dec stating he knows nothing of the lady. I would be concerned if they were in cahoots (love that word) but as he has said otherwise. I think the truth will come out with the investigation.

Maybe a crazy old lady trying a scam and was hoping you wouldnt be able to track the tenant from 2 years ago down? who knows

 

[Toni]

That's what I'm hoping, was even hoping maybe she's got the wrong address, but really scary stuff. what if I didn't have the same tenant, and couldn't locate my previous tenant? This silly old so and so might have even got away with it.

Do people actually try this on and get away with it?

 

[MangoMadness]

Do people actually try this on and get away with it?

People try alot of things, and dont think because she is old she cant run a scam, in many ways it can be easier because the 'gentle old lady' surely wouldn't do anything wrong

I remember someone telling me that they rented their place to an old lady, partly or fully furnihed i cant rememer. She never paid rent, sold the furnishings and did a runner after 3 months. During that time he tried to get rent and she played dumb and leaned on his good will by playing the 'fragile old pensioner lady' and he bought it.

After reporting her he was told it was the 5th or 6th time she had done it.

 

[Toni]

My biggest concern here is if the Insurance company believe it's a scam, then will they still take it on or will it be then left upto me to fight in court? I would suspect if it was a genuine claim then that would be differant, as they may or maynot be liable under their policy wording, but when it's not a liabilty on their policy i.e. probable scam, would they then hand ball it back to me to sort out? I've never been through this before and don't really understand how it all works.

 

[MangoMadness]

My biggest concern here is if the Insurance company believe it's a scan, then will they still take it on or will it be then left upto me to fight in court? I've never been through this before and don't really understand how it all works.

Good question, I would have assumed (could be very wrong) that it would be like car insurance. Someone makes a claim against you, they get in touch with your insurance and they handle it.

Surelyif the old lady is suing you for say..1 million and you have liability insurance, it would be in the best interests of the insurance company to investigate/fight the claim, that arnt going to risk you losing their 1 million trying to be Parry Mason are they?

Thats just my thoughts, I dont know the facts though

 

[Toni]

Not sure, all I know is they're not asking for the excess payment yet, but are investigating the allegations to ascertain whether or not it will be a claim.

 

[BV]

Toni

I don't know if its the same with all insurers but I don't believe there is an excess for liability claims.
Do you have a reputable insurer?
If you were insured at the time they'll have to cover you and fight the case on your behalf.

I had a claim from a woman who fell on the driveway and apparently broke her arm. I made a claim with my insurer, they said they will cover me and dealt with it.

 

[Belbo]

If you had public liability insurance (usually automatic with landlords' insurance) you are normally covered to $20,000,000, so don't worry. As you've done, refer the problem to your insurer and they'll handle everything. They'll first try to prove there is no valid claim and almost certainly clear you and them in the process. I'm no lawyer, but I am sure that 2 years without a chain of evidence or documented proof is basically a joke. Sleep easy.

 

[Melbournian]

We have had an issue with one of our properties, wherein supposedly this elderly woman claims she fell and hurt herself in the courtyard 2 years ago and has now decided to sue. She claims she was retired at the time and had entered the property as a friend of the tenant. But the tenant has never heard of her and has signed a stat dec to that effect, he has also stated on the stat dec that he has never been aware of anyone hurting themselves on this property since his tenancy began. The tenant is only in his late 30's and was shocked!

Has this ever happened to anyone else? I have Qnever been sued before in my life. We have put it to our insurance company, but they are not accepting liability at this point until they investigate the allegations further. Can someone please offer some advice, as I'm a wreck, or am I worrying unecessarily?

Tony

i have some knowledge on this topic however it more relates to whereby X person was having a party and Y person was leaning on the Balustrades of a deck and it broke and Y person broke his leg. Y person then sued X person on finding that the there was an illegal build of a deck without any compliance or permit and won.

As for courtyard - there really needs to be specifics. being it is 2 years ago - injuries would be quite hard to quantify and also your tenant denies claim of knowledge of this person - so wouldn't be worried too much. You might want to get an affidavit as well.

 

[Aaron_C]

From my legal background it seems like a hopeless case - we like to call it 'a fishing expedition'

 

[Toni]

Thanks all, I feel a little better having read all your comments, I have landlords insurance with cba $20,000,000 cover. I know it all sounds ridiculous, but hey, I heard a story of a burglar tripping over a roller skate in a house he was robbing and as a result injured his back and successfully sued the owner

It's these stupid claims that win! Some people probably make a living out of it.

Thanks for the advice on the affidavit Melbournian, didn't know what this was until I googled it, would I be best now leaving this to the insurance company, or should I get it from our tenant immediately just in case? Don't want to interfere with what they're processes might be. I would think that they might even organise for this to be done themselves, don't know.

Toni

 

[Terryw]

Hi Tony, or Toni??

Landlords have a duty of care to their tenants and the guests of tenants and must take steps to minimise all risks.

Assuming she had been on the property how did the old lady allegedly fall? Was it supposedly due to some sort of building fault or defect? If so, did you know about this defect or was it reasonably likely that you should have known about it?

 

[marg4000]

If a person is injured on your premises you will be sued. Under the statute of limitations they have at least 3 years to lodge a claim. It is often the case that a claim is lodged at the last minute before the time expires.

It will all boil down to one person's word against another in the absence of surveillance videos or other hard evidence. Sadly or otherwise, "little old ladies" tend to win the sympathy of judges and juries over insurance companies who are seen to be impersonal and heartless with bottomless pockets - then people complain when their premiums go up.

If she pursues this, and with all the litigation happy lawyers out there she probably will, then she will win.

Pass this on to your insurers.
Marg

 

[Aaron_C]

I'm sorry Marg but without proof you can't win any court case.

 

[marg4000]

Actions like this don't go to court.

It costs the insurance company more to fight it than to make a payment to end the matter, which happens in the vast majority of cases.

Sad but true.
Marg

 

[Toni]

Hi Tony, or Toni??

Assuming she had been on the property how did the old lady allegedly fall? Was it supposedly due to some sort of building fault or defect? If so, did you know about this defect or was it reasonably likely that you should have known about it?

She claims there were uneven pavers in the courtyard, I have no idea where this courtyard is; i.e. front or back? but in either case to my knowledge is untrue. Interestingly though, to suggest that she's a friend of the tenant, when in fact, she obviously isn't, wouldn't that throw all credibility out? and also given that the tenant is totally unaware of anyone ever hurting themselves at that property whilst he's been a tenant.

Toni

 

[Terryw]

Go and take some photos of all the pavers out there from various angles. And look over old property inspection reports to see if anything was mentioned.

The tenant not knowing her may not mean much, she could have come to a BBQ with a friend of theirs of something similar.

When did the alleged incident occur? As Marg mentions there are limitation periods when someone must bring a claim - and what state is the property in?

 

[Toni]

This property is in the state of victoria. The tenant assures me that he has only had two gatherings around christmas time and he definately has never invited or had a person in his home by this name.

The alleged incident happened two years ago

 

[Toni]

Actions like this don't go to court.

It costs the insurance company more to fight it than to make a payment to end the matter, which happens in the vast majority of cases.

Sad but true.
Marg

It's rather sad Marg, if what you're saying is true and I don't doubt it, that people who are obviously playing the system, get away with it.

Very disappointing and worse still we are left with the higher premiums as a result.