Received summons for 2 1/2 old accident that did not happen.

Everything is wrong on it.

They have got my address mixed up with the rental address where accident was supposed to have happened. My address is 2502, nextdoor, rental or accident location is 2520
Nowhere on summons does it have accident address. Couple lived there for 6 months.
Couple told or summon says she was at my location 2502 for the purpose of renting
Property, walked through my location 2502 , walked out back door and fell through steps
And damage happened.to her leg. They were renters next door at 2520 for 4 months before this supposed to have happened.

Does all this inacurate information matter?

It may matter, it is up to the judge, you appear in court and present your evidence and fight against any of their evidence

Was your property rented at that time? Do you have a copy of a lease showing that someone else lived there then? That would be good evidence to take with you showing that you weren't attempting to rent out your property at that time. Did these people come view your property?

Is the individual suing you? It may not be a bad idea to involve your insurance company. They will have specialized people who can investigate this type of thing and disprove their claim. It may also fall under some type of fraud and get these people in big trouble.

I'm a little confused if you think it's a clerical error with the numbers in the address being transposed, or you think these people are actually trying to make a fraudulent claim?

These are minor clerical points that will probably be cleared up at the hearing.

The salient facts are whether the plaintiff was injured on property owned by you, due to your negligence. Those are the facts that will concern a judge or jury.

Was your property rented at that time? Do you have a copy of a lease showing that someone else lived there then? That would be good evidence to take with you showing that you weren't attempting to rent out your property at that time. Did these people come view your property?

Is the individual suing you? It may not be a bad idea to involve your insurance company. They will have specialized people who can investigate this type of thing and disprove their claim. It may also fall under some type of fraud and get these people in big trouble.

I'm a little confused if you think it's a clerical error with the numbers in the address being transposed, or you think these people are actually trying to make a fraudulent claim?

No insurance, they were renters at the time ,next door, at 2520,
I have renta; receipys for nov, dec , jan.06, alledhed accident was march19 06.
They never came over to my location 2502, Summons only talks about 2502

Deffentley a fraudulent claim.

He told me she cut her leg all up but I could not find any blood on broken step.. or ground.
I heard from neighbor thst it was a scam.
I had checked those steps and they were old but in fine shape enough to support
90lb girl
I had bought step and asked him where he wanted it front door or back
Door and he daid oh no do not replace back door. Put it at the front door.

This summons says FACTs not minor clerical points last time I checked facts meant
Facts that would be far stretch Summons says she fell through steps at my place 2502
When they tried to sue 2 12 yrs ago it was at their place next door 2520 but I had no insurance so thry did not sue sounds like a scam to me

No insurance, they were renters at the time ,next door, at 2520,
I have renta; receipys for nov, dec , jan.06, alledhed accident was march19 06.
They never came over to my location 2502, Summons only talks about 2502

Deffentley a fraudulent claim.

He told me she cut her leg all up but I could not find any blood on broken step..or ground.
I heard from neighbor thst it was a scam.
I had checked those steps and they were old but in fine shape enough to support
90lb girl
I had bought step and asked him where he wanted it front door or back
door and he daid oh no do not replace back door. Put it at the front door.

This summons says FACTs not minor clerical points last time I checked facts meant
facts that would be far stretch Summons says she fell thru steps at my place 2502
when they tried to sue 2 12 yrs ago it was at their place next door 2520 but i had no insurance so thry did not sue sounds like a scam to me



First, I'm an liability investigator. I investigate slips and falls (stairs, parking lots, sidewalks, public places, private residences) - which this is - all the time. Here's the other side of this and what the Plaintiff's Attorney will look at.

The fact that they rented one address does not mean she wasn't hurt at another - she very possibly went next door for whatever reason, perhaps before/after vacating the unit she rented. Unless you keep a log book of everyone who comes to your door/onto your property, I don't think that's a defense.

The fact that you found no blood means nothing. Did you take photos of the scene immediately upon being notified of the injury? At any rate, lack of blood means little.

The steps don't have to be safe for a 90 pound person (and I don't know how you tested them) - they have to be safe for a person of average weight and size in all aspects - weight bearing, handrails, pitch, uniformity. What an "average" person weighs is at the discretion of the Court.

If they tried to sue you for this same thing at another address, yes, it's entirely probable it's a scam.

You have no insurance on either property? If you do, your insurance company will represent and defend you vigorously.

If the neighbor has direct knowledge, a statement made by the "injured" person that this is a scam, that they faked it up and are filing a false claim, then take that person to Court with you and have him/her testify to that direct knowledge.

In the meantime - respond to the Summons within the time frame or they will get a Judgment against you.

Your statement "... last time I checked facts meant facts that would be far stretch" is unnecessarily dismissive to the people who are trying to help you. You can argue the meaning of words forever. You should be concentrating on defending against this lawsuit.

First, I'm an liability investigator. I investigate slips and falls (stairs, parking lots, sidewalks, public places, private residences) - which this is - all the time. Here's the other side of this and what the Plaintiff's Attorney will look at.

The fact that they rented one address does not mean she wasn't hurt at another - she very possibly went next door for whatever reason, perhaps before/after vacating the unit she rented. Unless you keep a log book of everyone who comes to your door/onto your property, I don't think that's a defense.

The fact that you found no blood means nothing. Did you take photos of the scene immediately upon being notified of the injury? At any rate, lack of blood means little.

The steps don't have to be safe for a 90 pound person (and I don't know how you tested them) - they have to be safe for a person of average weight and size in all aspects - weight bearing, handrails, pitch, uniformity. What an "average" person weighs is at the discretion of the Court.

If they tried to sue you for this exact same thing at another address, yes, it's entirely probable it's a scam.

You have no insurance on either property? If you do, your insurance company will represent and defend you vigorously.

If the neighbor has direct knowledge, a statement made by the "injured" person that this is a scam, that they faked it up and are filing a false claim, then take that person to Court with you and have him/her testify to that direct knowledge.

In the meantime - respond to the Summons within the time frame or they will get a Judgment against you.

Your statement "... last time I checked facts meant facts that would be far stretch" is unnecessarily dismissive to the people who are trying to help you. You can argue the meaning of words forever. You should be concentrating on defending against this lawsuit.

So it does not matter that she the one that is suing me does not know where
The fall through the steps happened?

So it does not matter that she the one that is suing me does not know where the fall thru the steps happened?Hello dong:

Nope, doesn't matter a bit. What matters is whether she was hurt on YOUR property - not whether she can remember the address.

excon

So it does not matter that she the one that is suing me does not know where
the fall thru the steps happened?



Right, it does not matter - unless it's deliberate fraud that you can prove. You said you have proof it's all a scam - as I suggested, take that person to Court with you. It's not going to be a test of her memory - it's going to be a matter of proving if she was or was not injured, if you own/owned steps that were or were not defective.

Otherwise the wrong address is an error. You can always respond to the Summons with a denial of an accident at that address and use that as grounds for dismissal. They will then correct the address and sue you all over again.

She either fell through steps you own or she did not. My guess would be that she has photos and medical reports. You have to counter that with your photos and your witness and a statement of how she actually was injured, if not in a fall through on your stairs.

What does the condition of the steps indicate - that she fell or didn't, at either address?

And what does your insurance carrier say?

No insurance, they were renters at the time ,next door, at 2520,
I have renta; receipys for nov, dec , jan.06, alledhed accident was march19 06.
They never came over to my location 2502, Summons only talks about 2502

So your property was vacant at the time that the incedent supposedly occurred? So they could have been on your property w/out your knowledge?



He told me she cut her leg all up but I could not find any blood on broken step..or ground.
I heard from neighbor thst it was a scam.
I had checked those steps and they were old but in fine shape enough to support
90lb girl
I had bought step and asked him where he wanted it front door or back
door and he daid oh no do not replace back door. Put it at the front door.

Who is the "he" that you keep referring to? Whose steps did you check? Yours or your neighbor's?

I think I'm even more confused now. They went after the neighbor - their landlord at the time - and got nowhere. Now they are coming after you for the same "accident" only now it occurred on your property, supposedly?


This summons says FACTs not minor clerical points last time I checked facts meant
facts that would be far stretch Summons says she fell thru steps at my place 2502
when they tried to sue 2 12 yrs ago it was at their place next door 2520 but i had no insurance so thry did not sue sounds like a scam to me

Is this a small claims case, or a higher court?

So do you own both properties? You say they tried to sue 2 1/2 yrs ago but YOU had no insurance.

If you don't have any proof that this DIDN'T HAPPEN (just saying it didn't isn't proof) you might want to consult with an attorney if there's no insurance company to back you up.

Right, it does not matter - unless it's deliberate fraud that you can prove. You said you have proof it's all a scam - as I suggested, take that person to Court with you. It's not going to be a test of her memory - it's going to be a matter of proving if she was or was not injured, if you own/owned steps that were or were not defective.

Otherwise the wrong address is an error. You can always respond to the Summons with a denial of an accident at that address and use that as grounds for dismissal. They will then correct the address and sue you all over again.

She either fell through steps you own or she did not. My guess would be that she has photos and medical reports. You have to counter that with your photos and your witness and a statement of how she actually was injured, if not in a fall through on your stairs.

What does the condition of the steps indicate - that she fell or didn't, at either address?

And what does your insurance carrier say?

Ok
How about I tried to replace step but was tokd not to?

Ok
How about I tried to replace step but was tokd not to?

What about it? As Judy points out, the material facts are whether she was injured on your property and whether that injury occurred due to negligence on your part. The burden of proof is on her to show both of those things.

You need to get a lawyer to defend you in case the suit comes to trial. The lawyer will help you prepare a defense.

What about it? As Judy points out, the material facts are whether she was injured on your property and whether that injury occurred due to negligence on your part. The burden of proof is on her to show both of those things.

You need to get a lawyer to defend you in case the suit comes to trial. The lawyer will help you prepare a defense.

Ok thanks

No money, last one I talked to attorney he wanted 5,000 up front.

Only thing I have is my house and rental

++

So you rent property without insurance and now you want to deal with a lawsuit without an attorney. You think its better to risk paying out tens of thousands for a liability judgement or a few thousands for an attorney?

Ok
How about I tried to replace step but was tokd not to?


I have explained this to you in great detail from years of experience - and I'll make one more try.

It's YOUR property. It's YOUR job to make sure it's safe. Your tenant CANNOT dictate to you how/why to keep your property in good condition. You seem to have a whole list of excuses about how/why this happened but I don't see you taking any responsibility.

If you KNEW the steps were a problem - back to the steps that are safe for someone who weighs 95 pounds - and did nothing, you were negligent. No question. I would personally keep this "defense" to myself as you are condemning yourself with your own statements.

Turn this over to your insurance company. If you don't have insurance, be prepared to defend the lawsuit yourself (which you will certainly lose) OR retain an Attorney.

Sorry if I'm being harsh but you are simply not understanding what I am saying.

I have explained this to you in great detail from years of experience - and I'll make one more try.

It's YOUR property. It's YOUR job to make sure it's safe. Your tenant CANNOT dictate to you how/why to keep your property in good condition. You seem to have a whole list of excuses about how/why this happened but I don't see you taking any responsibility.

If you KNEW the steps were a problem - back to the steps that are safe for someone who weighs 95 pounds - and did nothing, you were negligent. No question. I would personally keep this "defense" to myself as you are condemning yourself with your own statements.

Turn this over to your insurance company. If you don't have insurance, be prepared to defend the lawsuit yourself (which you will certainly lose) OR retain an Attorney.

Sorry if I'm being harsh but you are simply not understanding what I am saying.

Sorry not going to take any responsibility for something that did not happen.
I do not think you understand everything that happened hopefuly the judge will.
I am going to keepcalling to see if I can find one I can afford.
I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
Yes I do not understand this.
I never said I knew steps were unsafe.
Before they moved in I agreed to put deck in front door
I gave him plans for one in Jan.
Never got back to me about what he wanted to do
So I bought new step and ask where he wanted it front or back door and he said
No do not replace back door put it in the front.
So I offered to replace step but he refused my offer.
Then the alleged accident happened.
Guess this does not matter either but seems like it should to me.

Sorry not going to take any responsibility for something that did not happen.
I do not think u understand everything that happened hopefuly the judge will.
I am going to keepcalling to see if I can find one I can afford.
I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
Yes i do not understand this.
I never said I knew steps were unsafe.
Before they moved in I agreed to put deck in front door
I gave him plans for one in Jan.
Never got back to me about what he wanted to do
so I bought new step and ask where he wanted it front or back door and he said
no do not replace back door put it in the front.
So I offered to replace step but he refused my offer.
then the alledged accident hapened.
Guess this does not matter either but seems like it should to me.

Who is "he" and "him"?

Do you own both 2520 & 2502?

Were these people YOUR tenants? Or the tenants of the owner of the neighboring property, and who owns it?

So you're maintaining that she did not get hurt at either property?

Who is your "witness" that they admitted this was a scam?

I'm more confused than ever...

Sorry not going to take any responsibility for something that did not happen.
I do not think u understand everything that happened hopefuly the judge will.
I am going to keepcalling to see if I can find one I can afford.
I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
Yes i do not understand this.
I never said I knew steps were unsafe.
Before they moved in I agreed to put deck in front door
I gave him plans for one in Jan.
Never got back to me about what he wanted to do
so I bought new step and ask where he wanted it front or back door and he said
no do not replace back door put it in the front.
So I offered to replace step but he refused my offer.
then the alledged accident hapened.
Guess this does not matter either but seems like it should to me.



Again, it is not your tenant's choice to pick out plans for decks. That is your job as the landlord. I think we're beating a dead horse here but as a landlord it is your responsibility to KNOW that the steps were defective, particularly if the property is next door. And if they weren't defective, how did she fall through them?

I trust you will come back and let us know how this works out.

Ok, this makes it a little clearer. But the question is why did you offer to replace the steps? Was it bacause they were damaged or just because they requested it.

This is a key issue. If they just wanted a cosmetic improvement and you can show that you offered and they never followed up, that would help your case.

However, if yhey reported a hazard and you waited on them to fix it, then you would be liable.

If that can't prove the accident happened (medical records), then they will lose.

Who is "he" and "him"?

Do you own both 2520 & 2502?

Were these people YOUR tenants? Or the tenants of the owner of the neighboring property, and who owns it?

So you're maintaining that she did not get hurt at either property?

Who is your "witness" that they admitted this was a scam?

I'm more confused than ever.......................................

Who is "he" and "him"? Girl that says she fell through steps husband
Do you own both 2520 & 2502? Yes
Were these people YOUR tenants? Yes

So you're maintaining that she did not get hurt at either property? Yes
Who is your "witness" that they admitted this was a scam? Kid across the street that I got to do some yard work about same age as renter all grew up here in neighborhood
So word get around.


We were talking one day about doing some work in the yard and about the renter there
And some how this step thing came up and I said those people tried to sue me yr ago
Over some step and he said yea that's what he heard. I thought it was all over with so
I did not ask any questions

So what exactly happened with the case a year ago?

They can't sue you for the same thing, so what was the outcome of that case?

Do they have an attorney, or are they just trying to take you to small claims court, or what?

Hello again, dong:

Couple things...

You don't want to take responsibility for something that didn't happen. That's understandable. However, from a legal perspective, let's LOOK at that.

Of course, you don't. But, just because you don't WANT to, doesn't mean that a court won't make you. They certainly MIGHT. You apparently think court is about FAIR. It is NOT. It's about WINNING. You also think the kid who "heard" stuff, is going to be a witness that PROVES this accident DIDN'T happen. It doesn't prove anything. Even if you DO get him to court, the judge won't listen to him. It's "hearsay" evidence, and not admissible in court.

Look, if this is a scam (and it certainly MIGHT be), we want YOU to be protected - NOT HER. You're our client, so to speak, and the stuff we're telling you is designed to help you KEEP your money.

It doesn't matter whether this HAPPENED or not. What for sure IS happening, is that you're being sued. You need to defend yourself.

excon

Ok, this makes it a little clearer. But the question is why did you offer to replace the steps? Was it bacause they were damaged or just because they requested it.

This is a key issue. If they just wanted a cosmetic improvement and you can show that you offered and they never followed up, that would help your case.

However, if yhey reported a hazard and you waited on them to fix it, then you would be liable.

If that can't prove the accident happened (medical records), then they will lose.

But the question is why did you offer to replace the steps?

Before they moved in I offered to build deck in front or back where ever thy wanted
They were there for couple of months so I thought they would be good renters
so was keeping my end of deal and starting the deak 6x12 with rail nice.
the deal was I would pay and he said he had some friend that would build it.
I went to HOme Depot and got plans for the deck and how much lumber and all
we would need and gave the plans and diagram of deck
to him (renter)
He said it did not look real good and want to make changes
so I said fine get back to me. He never did so about month or two
I bought step because what I had wanted to do, replace steps
This one step was a lot less then a whole deck so I was fine with that.
I got step delivered and asked him where he wanted it. I thought he would say back door
for sure because I was still under the impressions I was going to put deck in front.
He said not to put it at back door put it at front door which I thought was strange
at the time now I see why.

They never reported anything about the step. This was all My idea about the deck
and replaceing step

Ok, so the step she allegedly fell through was out the back door, correct?

And are the steps back there still the same steps that were there before, during and after they lived there? Are any of them broken?

And I still want to know what happened with the case a year ago.

So what exactly happened with the case a year ago?

They can't sue you for the same thing, so what was the outcome of that case?

Do they have an attorney, or are they just trying to take you to small claims court, or what?

So what exactly happened with the case a year ago?
I received a letter from their attorney wanting my insurace info
They called around and found out I did not have any so I never heard from t
Hem again 2 1/2yrs ago until I received summons on 26th from different attorney
There was no letter this time just summons.

They can't sue you for the same thing, so what was the outcome of that case?
I never got summons.

Do they have an attorney, or are they just trying to take you to small claims court, or what? Yes they do. Claim is over 15,000 says she can not even work any more

Hello again, dong (oh it's don, sorry)

Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

excon

Ok, so the step she allegedly fell through was out the back door, correct?

And are the steps back there still the same steps that were there before, during and after they lived there? Are any of them broken?

And I still want to know what happened with the case a year ago.

Ok, so the step she allegedly fell through was out the back door, correct?
Yes next door at rental where they were renters for 5 months 2520
Not where summons says 2502

And are the steps back there still the same steps that were there before, during and after they lived there? NO

Are any of them broken? No new

And I still want to know what happened with the case a year ago
No casr yr ago. 2 1/2 yrs ago when this supposedly happened they got attorney
And the aattorney found out I had no Insurance they did not sue.

Hello again, dong (oh it's don, sorry)

Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

excon

I agree with excon. If they get a judgement against you, you could lose one or both of your properties.

If you don't have the cash laying around for an attorney I'd suggest you go get a small equity line of credit at your bank. I guess these properties are paid for - otherwise you'd need insurance on them. (Well, I use the word "need" loosely - this situation proves the need for insurance).

Hello again, dong (oh it's don, sorry)

Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

excon

My house is homestead in fl but rental for sure

I agree with excon. If they get a judgement against you, you could lose one or both of your properties.

If you don't have the cash laying around for an attorney I'd suggest you go get a small equity line of credit at your bank. I guess these properties are paid for - otherwise you'd need insurance on them. (Well, I use the word "need" loosely - this situation proves the need for insurance).

I will try that. Everyone is scaring me to death now.

I thought this scam thing would be obvious but from all this I need an attorneyfor sure.

I will try that. Everyone is scaring me to death now.

I thought this scam thing would be obvious but from all this I need an attorneyfor sure.


Well, hopefully it will be obvious. And a good attorney can make it obvious.

It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

If you had come back and said that those steps are the same ones that were there when they lived there... maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

What you seem to think is obvious isn't. Sure this may be a scam. They tried once and since you didn't have insurance, that attorney bowed out. Probably because he didn't want to take this to court. Normally something like this would be settled as a nuisance by your insurance company.

But since you had no insurance, it means going to court. So, I'm guessing, they spent the next 2 1/2 years trying to find a shyster to take the case. I'll bet this guy is a real ambulance chaser, but he specializes in personal injury litigation and since he knows up front this is going to co to court, he's prepared.

As I said earlier, all she needs to do is prove she was injured on your property. That may or may not be hard to do. But the attorney probably thinks he can do it.

What you seem to think is obvious isn't. Sure this may be a scam. They tried once and since you didn't have insurance, that attorney bowed out. Probably because he didn't want to take this to court. Normally something like this would be settled as a nuisance by your insurance company.

But since you had no insurance, it means going to court. so, I'm guessing, they spent the next 2 1/2 years trying to find a shyster to take the case. I'll bet this guy is a real ambulance chaser, but he specializes in personal injury litigation and since he knows up front this is going to co to court, he's prepared.

As I said earlier, all she needs to do is prove she was injured on your property. That may or may not be hard to do. But the attorney probably thinks he can do it.



Not defending Attorneys or clients - but some Attorneys will only take "easy" cases and others are more willing to dig in. With no insurance and nothing to seize but assets - and I don't know Florida law - the second Attorney is willing to roll the dice.

I've seen Attorneys pass on cases for one reason or another and have another Attorney come in and win acros the board. Unfortunately, I've seen it go the other way, too.

I've seen Attorneys back up when I find out there's no insurance. I've seen other Attorneys run with the case.

You just never know.

Well, hopefully it will be obvious. And a good attorney can make it obvious.

It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

If you had come back and said that those steps are the same ones that were there when they lived there... maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps

The one step in back was broken down like someone fell through it but I couldnot find one drop of blood anywhere and from what he told me about her injuryt to her leg it would be
Impossible for that to have happened like that and no blood. I know no blood is not a defense but it adds to other things to make it clear to me that it is all bogus.
So I had to replace back step and had all ready replaced fronf step.
Steps were old, and old fashion metal frame 2 steps with wood steps.
I wanted to replace them from start.

If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps

The one step in back was broken down like someone fell thru it but I couldnot find one drop of blood anywhere and from what he told me about her injuryt to her leg it would be
impossable for that to have happened like that and no blood. I know no blood is not a defense but it adds to other things to make it clear to me that it is all bogus.
So I had to replace back step and had all ready replaced fronf step.
Steps were old, and old fashion metal frame 2 steps with wood steps.
I wanted to replace them from start.



I've already told you blood means nothing to the Courts, to the insurance companies, to the liability investigators, to anyone but you

I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

Again I was just curious. Not sure if this idea might have been overlooked or if it is silly and doesn't matter.

Well, hopefully it will be obvious. And a good attorney can make it obvious.

It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

"how do you know for sure that she didn't fall through those steps?" How do you know that?
The summons says this all happened at my location 2502, at 2502 I have concrete steps
Been there for 70yrs. Not possible to fall through them so I am going to take pictures
Of my house number 2502 and take picture of concrete steps and show that the steps
At 2502 could not have broken.

I've already told you blood means nothing to the Courts, to the insurance companies, to the liability investigators, to anyone but you

I understand that

I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

Again I was just curious. not sure if this idea might have been overlooked or if it is silly and doesn't matter.

That's what I am saying , she was not really at my location 2502, that's were I live
But summons say that's what happened, she really was renting from me next door at 2520
And that where it supposedly hapeened in march 06

If she was at my property she was trespassing

And what we are saying is the different address will be considered a simple clerical error that will not impact on the lawsuit.

And what we are saying is the different address will be considered a simple clerical error that will not impact on the lawsuit.

I understand that too, you all are making this clear.

And what we are saying is the different address will be considered a simple clerical error that will not impact on the lawsuit.

Ok. I see what you are getting at. They will either say it was a clerical accident or whatever. I guess OP should make sure of allegation address before he attempts defense! One address is solid for OP to win (2502). And the other sounds quite hopeless to me (2520).

Good luck Don! Please let us know how it all turns out.

Ok. I see what you are getting at. They will either say it was a clerical accident or whatever. I guess OP should make sure of allegation address before he attempts defense!! One address is solid for OP to win (2502). And the other sounds quite hopeless to me (2520).

Good luck Don!! Please let us know how it all turns out.

OK thanks for help.

Ok. I see what you are getting at. They will either say it was a clerical accident or whatever. I guess OP should make sure of allegation address before he attempts defense!! One address is solid for OP to win (2502). And the other sounds quite hopeless to me (2520).

Good luck Don!! Please let us know how it all turns out.



If the Plaintiff fell and was injured on his property, invited guest, tenant, trespasser, whatever the category, the property owner is responsible if the injury was caused by a condition which a prudent person should have been aware of and should have corrected.

People who enter onto a property for one reason or another do not fall into the LEGAL category of trespassers and, even if they are ILLEGAL trespassers, there for the purpose of burglarizing the property, they still have the right to sue for bodily injury.

If I am at your door, asking you questions about an accident, and you order me off the property I do not become a trespasser until I leave - and come back. The second time around, after being ordered away, I become a trespasser. And I do not see that that happened here.

If the address IS wrong on the papers the Plaintiff's Attorney will either make a request that the correction be allowed OR the matter will be dismissed and the Defendant re-served with papers indicating the correct address.

Hopefully the OP will retain an Attorney and come back and let us know how this worked out. Obviously his time to respond is ticking down.

I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

Again I was just curious. not sure if this idea might have been overlooked or if it is silly and doesn't matter.



No, it wasn't overlooked. It's not a legal issue. The "category" of the person injured does not matter - you have a legal responsibility to keep your property safe.

If the Plaintiff fell and was injured on his property, invited guest, tenant, trespasser, whatever the category, the property owner is responsible if the injury was caused by a condition which a prudent person should have been aware of and should have corrected.

People who enter onto a property for one reason or another do not fall into the LEGAL category of trespassers and, even if they are ILLEGAL trespassers, there for the purpose of burglarizing the property, they still have the right to sue for bodily injury.

If I am at your door, asking you questions about an accident, and you order me off the property I do not become a trespasser until I leave - and come back. The second time around, after being ordered away, I become a trespasser. And I do not see that that happened here.

If the address IS wrong on the papers the Plaintiff's Attorney will either make a request that the correction be allowed OR the matter will be dismissed and the Defendant re-served with papers indicating the correct address.
t
Hopefully the OP will retain an Attorney and come back and let us know how this worked out. Obviously his time to respond is ticking down.

Well what address do I use to give my answer 2 different address , 2 different steps, 2 different answers?
I know get an attorney but that might not be possible. I would if I could and I would not be here now. Just asking for worst case scenario here.
I will let u know what happens can not wait to.

That would be good to have be served again aleast buy me some time.
Right?

well what address do I use to give my answer 2 different address , 2 different steps, 2 different answers?
I know get an attorney but that might not be possable. I would if i could and I would not be here now. Just asking for worst case scenario here.
I will let u know what happens can not wait to.

That would be good to have be served again aleast buy me some time.
right?


You respond using your residence address, you deny that the accident happened on your property and you ask that the lawsuit be dismissed. You do not use the rental address unless it is (somehow) your legal address. If you get it set aside you will certainly buy yourself some time - but it will cost you time (which is money) to do so. What do you see as the advantage to having more time?

Florida Law says: "The defendant's written response to the complaint is known as the answer. The answer admits or denies allegations in the complaint. It also states any defenses to the complaint, such as if there is a lack of subject matter jurisdiction or the statute of limitations has already expired. The answer can also contain any counterclaims that the defendant would like to make against the plaintiff. The counterclaims, however, have to relate to the plaintiff's complaint. The defendant cannot counterclaim about entirely unrelated issues -- that would be a different lawsuit. "

The answer is very complicated and MUST be in accordance with the Law. This is NOT a Small Claims matter where the Court is user friendly.

Here is loosely how an Answer reads:

The title is the same as the papers served on you. For example:

SUPREME COURT : COUNTY OF WHEREVER
STATE OF FLORIDA

[fill in their name]
Plaintiff

- vs - Index No. ________

[fill in your name] ANSWER AND AFFIRMATIVE DEFENSES
Defendant

Comes now the Defendant [fill in your name] in response to the Complaint filed against him who files this Answer and Affirmative Defenses:

1. The allegations set forth against him in Paragraphs [fill in the numbers of the paragraphs in the Complaint] of the Complaint are specifically denied;

2. The allegations set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are specifically admitted;

3. The allegation set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are neither specifically admitted or denied as the Defendant has insufficient information to make this determination.

4. If you have any defenses - you put them here.

5. If you want the Complaint dismissed because the address where the alleged injury occurred is incorrect, you put that here.

Then you sign it and I would suggest that someone other than yourself hand deliver it. Fill in an Affidavit of Service. Send the original to the Court with the original Affdidavit of Service.

I don't know if this will fly or not and I'm sort of winging it - but it might very well buy you time if you are insistent on proceeding without an Attorney.

Keep in mind that I am NOT your Attorney and am merely offering free advice.

You respond using your residence address, you deny that the accident happened on your property and you ask that the lawsuit be dismissed. You do not use the rental address unless it is (somehow) your legal address. If you get it set aside you will certainly buy yourself some time - but it will cost you time (which is money) to do so. What do you see as the advantage to having more time?

Florida Law says: "The defendant's written response to the complaint is known as the answer. The answer admits or denies allegations in the complaint. It also states any defenses to the complaint, such as if there is a lack of subject matter jurisdiction or the statute of limitations has already expired. The answer can also contain any counterclaims that the defendant would like to make against the plaintiff. The counterclaims, however, have to relate to the plaintiff's complaint. The defendant cannot counterclaim about entirely unrelated issues -- that would be a different lawsuit. "

The answer is very complicated and MUST be in accordance with the Law. This is NOT a Small Claims matter where the Court is user friendly.

With more time I would hope this attorney would see I do not have deep pockets

And not re file and /or I would have moretime to see about bankruptsey and/or an attorney

Now I have more time than money.

With more time I would hope this attorney would see I do not have deep pockets

and not re file and /or I would have moretime to see about bankruptsey and/or an attorney

Now I have more time than money.



Don't we all at this point in our economy! And, yes, this MIGHT open a line of communication and the Attorney may or may not believe there is no insurance and he doesn't stand to collect a whole lot.

You never know!

You respond using your residence address, you deny that the accident happened on your property and you ask that the lawsuit be dismissed. You do not use the rental address unless it is (somehow) your legal address. If you get it set aside you will certainly buy yourself some time - but it will cost you time (which is money) to do so. What do you see as the advantage to having more time?

Florida Law says: "The defendant's written response to the complaint is known as the answer. The answer admits or denies allegations in the complaint. It also states any defenses to the complaint, such as if there is a lack of subject matter jurisdiction or the statute of limitations has already expired. The answer can also contain any counterclaims that the defendant would like to make against the plaintiff. The counterclaims, however, have to relate to the plaintiff's complaint. The defendant cannot counterclaim about entirely unrelated issues -- that would be a different lawsuit. "

The answer is very complicated and MUST be in accordance with the Law. This is NOT a Small Claims matter where the Court is user friendly.

Here is loosely how an Answer reads:

The title is the same as the papers served on you. For example:

SUPREME COURT : COUNTY OF WHEREVER
STATE OF FLORIDA

[fill in their name]
Plaintiff

- vs - Index No. ________

[fill in your name] ANSWER AND AFFIRMATIVE DEFENSES
Defendant

Comes now the Defendant [fill in your name] in response to the Complaint filed against him who files this Answer and Affirmative Defenses:

1. The allegations set forth against him in Paragraphs [fill in the numbers of the paragraphs in the Complaint] of the Complaint are specifically denied;

2. The allegations set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are specifically admitted;

3. The allegation set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are neither specifically admitted or denied as the Defendant has insufficient information to make this determination.

4. If you have any defenses - you put them here.

5. If you want the Complaint dismissed because the address where the alleged injury occurred is incorrect, you put that here.

Then you sign it and I would suggest that someone other than yourself hand deliver it. Fill in an Affidavit of Service. Send the original to the Court with the original Affdidavit of Service.

I don't know if this will fly or not and I'm sort of winging it - but it might very well buy you time if you are insistent on proceeding without an Attorney.

Keep in mind that I am NOT your Attorney and am merely offering free advice.

Whoo OK
Thanks,

What does this mean to do? Fill in an Affidavit of Service

If the Plaintiff fell and was injured on his property, invited guest, tenant, trespasser, whatever the category, the property owner is responsible if the injury was caused by a condition which a prudent person should have been aware of and should have corrected.

People who enter onto a property for one reason or another do not fall into the LEGAL category of trespassers and, even if they are ILLEGAL trespassers, there for the purpose of burglarizing the property, they still have the right to sue for bodily injury.

If I am at your door, asking you questions about an accident, and you order me off the property I do not become a trespasser until I leave - and come back. The second time around, after being ordered away, I become a trespasser. And I do not see that that happened here.

If the address IS wrong on the papers the Plaintiff's Attorney will either make a request that the correction be allowed OR the matter will be dismissed and the Defendant re-served with papers indicating the correct address.

Hopefully the OP will retain an Attorney and come back and let us know how this worked out. Obviously his time to respond is ticking down.


Wow! That's crazy. I guess that is how people that do break into houses and get hurt by falling down or something win their cases! So putting a no trespassing sign up is just a deterrent and you still have to tell them to leave at least once before anything can be done? Good to know Judy! Thank you! I seem to learn a lot from you on these topics. Hopefully I will never have to use this knowledge but if I ever do I know who to come to! :D Thank you!!

Wow! That's crazy. I guess that is how people that do break into houses and get hurt by falling down or something win their cases!! So putting a no trespassing sign up is just a deterrent and you still have to tell them to leave at least once before anything can be done?! Good to know Judy!! Thank you! I seem to learn a lot from you on these topics. Hopefully I will never have to use this knowledge but if I ever do I know who to come to!! :D Thank you!!!!


Thanks - you know another two headed sword? You DON'T have a beware of dog sign, somebody gets bitten, you didn't warn them.

You DO have a beware of dog sign, somebody gets bitten - you have prior knowledge - that's why you posted the sign (in theory). I took another route and have a sign that says (in so many words, with a drawing of a German Shepherd), "I can make it to the fence in 3 seconds. Can you?" and a locked gate!

It's hard to know what to do and what not to do.

Yes, I'm knocking on doors all the time, stay away signs or not, and - so far at least - until I am told to go away I am not breaking the Law. Of course, once you say you don't want to talk to me I permanently go away (except if later on there are papers to be served), but that's the Law, at least in NY.

Thanks - you know another two headed sword? You DON'T have a beware of dog sign, somebody gets bitten, you didn't warn them.

You DO have a beware of dog sign, somebody gets bitten - you have prior knowledge - that's why you posted the sign (in theory). I took another route and have a sign that says (in so many words, with a drawing of a German Shepherd), "I can make it to the fence in 3 seconds. Can you?" and a locked gate!

It's hard to know what to do and what not to do.

Yes, I'm knocking on doors all the time, stay away signs or not, and - so far at least - until I am told to go away I am not breaking the Law. Of course, once you say you don't want to talk to me I permanently go away (except if later on there are papers to be served), but that's the Law, at least in NY.

THAT'S CRAZY!! But you know what my husband told me something a guy from work told him that pertains to that dog sign theory... a guy was trying to break into his house, he unlocks his gate and lets the dog out. Dog bites intruder before he gets in house. Intruder sued home owner. Home owner paid medical bills!!

I like your sign Judy!! We are getting a German Shepard puppy next summer for kids(and me:o) we may look into getting a sign like yours!! :D