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We are being sued by a gentleman who slipped on ice at a property we rented. Can we be found responsible?

He was our pest control service man. He entered the house by the same ice covered steps he used when he left. When he left he slipped and fell. He was not using the railing until he started to fall and then he reached for the railing and pulled it down. He stood up, said he was fine and just his pride was hurt. He apologized for breaking the railing. I said it was ok, my husband could fix it and not to worry about it. He then proceeded to walk normally to his car which was 25-30 feet away. He now claims a severe back injury and is suing us for 10,000 +. We had salted the steps a few hours prior to the accident. We did not have renters insurance. The accident occured in December 2005, in Pehlam, NC. We no longer live there. Our Landlord did have homeowners insurance and is also being sued.

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I am also wondering if it is ok to represent ourselves or should we have a lawyer to fight this?
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Attorney answers (1)

Reputation Level 13
Since I do not practice in your state, I can only make some general observations.

The first is that you may have some strong defenses to this claim. For example, the fact of ice is a "open and obvious condition". In other words, everybody knows ice is slippery, and the injured person had the duty to look out for his own safety. The next is that the law only requires you to act reasonably to protect members of the public on your property. If you put salt on the snow, and had a railing, what else were you supposed to do? I obviously have not viewed the scene, etc., but if you did everything reasonable, and the guy simply slipped, that could be a good defense. Also, the injured persons failure to use the railing could be used to defeat or diminish the injured persons claim. The fact that the injured person appeared (and said) he was unhurt is helpful, but it is also not uncommon to feel pain later, but not immediately at the time of the injury.
Should you represent yourselves? I think this is a bad idea. You should seek the services of a lawyer ASAP.

However, you could try this. You could tender your defense to the LL's insurance company. This means that you contact them, and ask them to defend you and pay any claims on your behalf, and in turn, you will cooperate with them, provide testimony, etc. If they agree, they will give you a lawyer for free.

Good luck. Please read the disclaimer below.

Adam Sorrells
Chico Personal Injury Lawyer
Law Offices of Adam Sorrells

Important disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only. No attorney/client relationship formed. This attorney is licensed in CA only. This is not a solicitation.

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