,,,who is responsible for injury on a property that is probate and is being rented the tenant or the landlord

Asked over 1 year ago - Alliance, OH

someone slipped on wet grass in a stone driveway broke their arm

Attorney answers (4)

  1. Cristine Wasserman Rathe

    Contributor Level 13

    4

    Lawyers agree

    Answered . I would make a claim against both the Estate and the tenant. I would think however that based upon the minimal facts provided that even with a broken arm, it woudl be difficult to have a successful claim, because wet grass would normally be considered (at least under Michigan law) to be open and obvious. In addition, most State have defenses to such claims like comparative and contributory negligence, which means that the amount of money recovered is reduced by the victim's own part in falling. If the jury determines that the vicitm's % of fault is more than 50%, then they would get nothing. I woudl definitely consult with an Ohio attorney though.

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  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Liability looks tough, but a personal injury lawyer can submit a claim to the homeowners insurance carrier.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Generally the owner of a property is responsible for its upkeep, particularly on common areas such as driveways.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  4. David B Pittman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If it was in the driveway, I would make a claim against the homeowners policy of the owner of the property.

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