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Property and Personal Injury – Back again to the basics of tort law
Question: How can my mother pursue a case after falling on the third step of a duplex but the lady doesn't have renters [insurance] but the owners do? My mother has been in hospital over a month due to this fall. I have landlord and owner phone numbers. Someone is responsible.
Answer: I’ve got to stop you there. Being hurt on someone’s property is one thing but liability doesn’t just follow and lead to anyone’s insurance coverage. I need to know more. Okay so the landlord has insurance, but responsible for what and why? Just because a person is injured while on someone's property doesn't make the owner responsible. Mad, sad and angry doesn't make a case; a defect in the property does. What caused your mother to fall? Was it her fault? If so, to what extent? Fault on her part won’t kill the case, but not having proof of a defect will. So what is the defect?
[Image: By Steve Lombardi, Seattle, Washington]
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