Can my tenant sue me for falling on through the deck in the specific area she knew it was broken?

Asked over 4 years ago - Lawrenceville, GA

I have a 2 story house the upstairs is rented out and I live downstairs. Tenant told me that there was an area in the upper deck where the wood was coming apart and showed it to me I told her I would replace the deck in the summer to stay off that area until then. She still went out there knowing it was like that and happens to step in the specific spot she showed me was coming apart and her foot fell through. She was bruised pretty bad but said she was ok, then about 4 days later (sunday night) she went to Emg room where all they did was Rx meds and ace bandaged her up she has no insurance and now expects me to pay her med bills. She could have gotten same treatment at a CVS clinic but never even came to me for help. Am I responsible/liable? She knew it was like that and is a heavy set...

Attorney answers (2)

  1. Christopher Matthew Simon

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . If you can prove that she had actual knowledge that that specific area was damaged then it would be very hard for a plaintiff to claim you had superior knowledge sufficient to allow a jury to find against you. That said, call your insurance company and let them get a free defense lawyer for you. Just because someone should not prevail does not mean you wont get sued.

  2. Jonathan P. Sexton

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Anyone can sue you, the question is whether they will win. If that is the only way for her to get in and out of her apartment, then she may have a claim even if she knew it was dangerous. However, if she knew it was dangerous and didn't have to travel out there, then she doesn't have a claim. Check your homeowners insurance. You may have medical payments coverage on it that would pay her medical bills. Medical payments coverage is paid regardless of fault.

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